HomeMy WebLinkAboutHarbor Commission Agenda 12-11-2017CITY OF NEWPORT BEACH
HARBOR COMMISSION AGENDA
Council Chambers - 100 Civic Center Drive
Monday, December 11, 2017 - 6:30 PM
Harbor Commission Members:
William Kenney, Jr., Chair
David Girling, Vice Chair
Scott Cunningham, Secretary
Ira Beer, Commissioner
Paul Blank, Commissioner
John Drayton, Commissioner
Duncan McIntosh, Commissioner
Staff Members:
Chris Miller, Harbor Resources Manager
Dennis Durgan, Harbormaster
Ann Ewing, Deputy City Attorney
The Harbor Commission meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that
the Harbor Commission agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that
the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within
the subject matter jurisdiction of the Harbor Commission. The Chair may limit public comments to a reasonable amount
of time, generally three (3) minutes per person.
The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will
attempt to accommodate you in every reasonable manner. Please contact Chris Miller, Harbor Resources Manager, at
least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation
is feasible at (949) 644-3034 or cmiller@newportbeachca.gov.
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the Harbor
Resources Division 24 hours prior to the scheduled meeting.
1)CALL MEETING TO ORDER
2)ROLL CALL
3)PLEDGE OF ALLEGIANCE
4)PUBLIC COMMENTS
Public comments are invited on agenda and non-agenda items generally considered to be
within the subject matter jurisdiction of the Commission. Speakers must limit comments to
three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the
record. The Commission has the discretion to extend or shorten the speakers’ time limit on
agenda or non-agenda items, provided the time limit adjustment is applied equally to all
speakers. As a courtesy, please turn cell phones off or set them in the silent mode.
5)APPROVAL OF MINUTES
Minutes of November 8, 2017
6)CURRENT BUSINESS
December 11, 2017
Page 2
Harbor Commission Meeting
1.Harbor and Beaches Capital Plan Review
Staff will provide an overview of the Harbor and Beaches Capital Plan.
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
forseeable 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 not potential for resulting in
physical change to the environment, directly or indirectly.
2) Review the Harbor and Beaches Capital Plan and return to the January 2018
meeting with recommended updates.
2.Review Appraisal of Mooring Related Rents and Other Harbor Operations
Fees
Staff will review and appraisal that focuses on mooring sub-permit rents as well as
anchorage fees for larger visiting vessels. In adition, other Harbor Operations fees
will be reviewed.
Recommendation:
1) Find this action exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
2) Review the various Harbor Operations rents and fees, and recommend staff
forward to the City Council for consideration.
December 11, 2017
Page 3
Harbor Commission Meeting
3.Larger Boat Anchorage Area - Ad Hoc Committee Recommendation on Rules
and Fees
The anchorage ad hoc committee will review and provide recommendations on: (1)
recommended vessel size, (2) double point anchorage requirements, and (3)
proposed fees for visiting larger vessels that moor in the Turning Basin with a City
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) Review and approve the ad hoc committee’s recommendations, and direct staff to
forward to the City Council for consideration. Discharge the Larger Boat Anchorage
Ad Hoc Committee.
4.Harbor Commission Objectives for Calendar Year 2018: Review and Approve
The Harbor Commission ad hoc committee will review the proposed 2018
Objectives and recommend 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) Approve the proposed 2018 Harbor Commission Objectives, and recommend
they be forwarded to the City Council for review and approval.
5.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.
December 11, 2017
Page 4
Harbor Commission Meeting
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, January 10, 2018
12) ADJOURNMENT
NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive
Wednesday, November 8, 2017 6:30 PM
1)CALL MEETING TO ORDER
The meeting was called to order at 6:32 p.m.
2)ROLL CALL
Commissioners: Bill Kenney, Chair Dave Girling, Vice Chair
Paul Blank John Drayton
Duncan McIntosh Scott Cunningham
Ira Beer
Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster
Ann Ewing, Deputy City Attorney Raymund Reyes, Management Specialist
3) PLEDGE OF ALLEGIANCE – Commissioner Blank
4) PUBLIC COMMENTS
Long-time resident Steve Fredrick commented on the issue of party boats in the harbor especially with
regards to Pacific Avalon. Mr. Fredrick notes that this commercial entity sacrificed the tranquility of the harbor, and that it violated the terms of its harbor activities use permit, and that the permit should be
revoked. Vessels are getting larger and larger, and noisier and noisier. In his opinion, it is a clear zoning failure and loophole with no clear enforcement and supervision at night. The Harbor Patrol does not enforce
the Municipal Code. Fees and permits should be made sufficient to provide for adequate enforcement. The City should not be licensing operations that cannot be supervised and maintain enforcement of municipal
code on. Chair Kenney asked Chris Miller about the process for the City being made aware of charter boat issues. Further discussion was held on enforcement and response. Deputy City Attorney Ewing asked that
this topic be agendized for a future meeting.
5) APPROVAL OF MINUTES – October 11, 2017
Commissioner Blank provided clarification on page 3, second paragraph of the minutes, asking that the comment “The area a boat occupies is the square of the length of the boat” be stricken due to the inaccuracy
of the statement.
Vice Chair Girling asked for clarification on the third and fourth paragraphs of page four, and asked that they be stricken. Commissioner Blank corrected, noting that it was just paragraph four that should be
removed. Vice Chair Girling concurred and asked for removal of paragraph four.
Commissioner Beer asked that the last paragraph on page three be revised to say, “Commissioner Beer noted that the west anchorage appears to have been successful. The Harbor Commission should consider
having it be year-round with proposed restrictions plus require the Harbormaster to remove the anchorage just prior to and following the holiday boat parade and at the Harbormaster’s discretion, adjusting the
anchorage’s dimensions if necessary to accommodate the spring boat show and seasonal races or practices.”
Approved Minutes
2
A motion to approve the draft Minutes for the October 11, 2017, meeting as corrected was made.
The motion carried by the following roll call vote: Ayes: Chair Kenney, Vice Chair Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Beer. Abstain: Commissioner Drayton, Commissioner Cunningham
6) CURRENT BUSINESS
1. Public Pier Signage
In an effort to consolidate the various signs in use at the City’s public piers, staff has developed new signage that is consistent, easy to read and user friendly. Staff is requesting feedback from
the Harbor Commission on the new sign design.
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; provide feedback to staff on signage.
Harbor Resources Manager Miller provided a report on a new sign design for public piers. With the
construction of the Central Avenue Public Pier and Plaza, Harbor Resources Manager Miller noted that it would be a good time to re-evaluate existing pier signage and create a more consistent, readable format.
Due to an issue with the audio/visual equipment in Council Chambers, the PowerPoint presentation was
not shown; however a hard copy of the draft Central Avenue sign was shown to the Commission and the public. Commissioner Beer inquired about font size and legibility. Harbor Resources Manager Miller and
Vice Chair Girling discussed sign placement on Central Avenue Public Dock. Commissioner Drayton inquired about Municipal Code sections listed on the signage, and enforcement of such regulations.
Commissioner Blank supported Commissioner Beer’s comments to have a larger font size for the most important elements of the signs. Harbormaster Durgan asked about placing a thirty foot max note down on
the dock itself alongside the colored time limits. Chair Kenney asked about the defacing of docks (such as fishermen drilling holes into the pier for their poles) and signage for such violations.
2. Living Aboard a Vessel in Newport Harbor – A Review of the City’s Regulations
Staff will provide a report on the rules and regulations concerning living aboard a vessel in Newport Harbor whether in the mooring fields, residential piers or commercial marinas.
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.
As the presentation was not able to be brought on screen, Harbor Resources Manager Miller proceeded with an oral presentation on the topic of live aboards in Newport Harbor. Living aboard a vessel is not
permitted in residential slips. They are allowed in commercial marinas, but are left to the discretion of the marina. Harbor Resources Manager Miller noted that live-aboard permits are allowed on offshore moorings;
however they must be a mooring permittee, and that the vessel would be their primary residence (classified as eight months out of the year). A sewage holding tank is required. Live-aboard permittees pay an annual
fee and there are inspection requirements which need to be met prior to issuance (such as a dye tablet test
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and confirmation of a pumpout log). Dennis Durgan inquired about Title 17 definitions of live-aboards. It was noted that there may be a large number of non-permitted live-aboards in the harbor, and that
Harbormaster Durgan would be focusing on enforcement during the winter season. Vice Chair Girling inquired about live-aboard regulations and sub-permit rentals. Harbor Resources Manager Miller provided
clarification and noted that the language could be cleared up and made more consistent with other portions of live-aboard language in the Code.
3. Derelict Vessels in Newport Harbor – Ad Hoc Committee Report
The Harbor Commission Derelict Vessel Ad hoc Committee will review their initial findings on this topic
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.
Harbor Resources Manager Miller asked the ad hoc committee if they had a presentation they would like to present. Commissioner Drayton noted that he, Commissioner Cunningham, Harbormaster Durgan, and
Harbor Resources Manager Miller had previously met on the topic of derelict vessels in the harbor. Commissioner Drayton noted that Harbor Operations and Code Enforcement staff have been conducting
inspections of the mooring fields, making contact with vessel owners, and have been making good progress. Enforcement would take time, but staff has been doing a good job of tackling the issue.
Commissioner Cunningham concurred with Commissioner Drayton’s comments, noting that the committee had reviewed the municipal code, and discussed possible revisions and updates to Title 17 in the coming
year. Harbormaster Durgan noted that he has scheduled inspections on a weekly basis with the Code Enforcement Supervisor to follow up on vessels, and noted a good effort by most permittees on getting
vessels cleaned up.
Mooring Permittee and Newport Mooring Association member George Hylkema inquired about whether or not a non-seaworthy vessel (without an engine) would be considered a derelict vessel. Harbormaster
Durgan responded, and Chair Kenney and Harbor Resources Manager Miller provided further input on powerboats without engines versus sailboats. Commissioner Girling asked if the definition of a derelict
vessel would be expanded when changes to Title 17 are made. Chair Kenney asked Commissioner Drayton and the ad hoc committee to come up with a definition of a derelict vessel, and possibly a new definition for
an at-risk vessel. Commissioner Drayton felt that the current code language was adequate for current purposes, but that the ad hoc committee was looking at other codes around the country for further input
and refinement to the definition of a derelict vessel. Commissioner Cunningham concurred, noting that the current description in the code could be tightened up, but that it was enough to clean up some 90 percent
of the vessels that could be considered derelict in the harbor.
4. 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.
4
Harbormaster Durgan provided a short overview of Harbor Operations for the month of October, noting improvements to the City vessels for winterization, trials with computer tablets, and improvements to derelict
vessels as a result of code enforcement operations. Harbormaster Durgan also discussed current sea lion mitigation operations.
5. Harbor Commission 2017 Objectives for Calendar Year 2018
The Harbor Commission will review the current 2017 Objectives, and consider how to evaluate calendar year 2018 Objectives.
Recommendation:
1) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
2) Receive and file; form an ad hoc committee to study and report back to the Harbor Commission regarding new or updated Objectives for calendar year 2018. The ad hoc
committee will return to the Commission at its next meeting to report its recommendations, and then the committee will automatically discharge.
Harbor Resources Manager Miller indicated that generally every year, the Commission looks at its
objectives. This year, with guidance from Deputy City Attorney Ewing, the Commission would like to review its objectives and current status, end objectives for 2017, and restart in January under a new set of
objectives. Harbor Resources Manager Miller noted that an ad hoc committee would exist for a one year period; if an ad hoc committee item was in need of continuation, then the committee would be discharged
and re-established the next year.
Harbor Resources Manager recommended that an ad hoc committee be formed for the month to look at the 2017 objectives, determine how they could be changed or rearranged, and then come back during the
December Commission meeting. Deputy City Attorney Ewing clarified the purpose of an ad hoc committee, which should have a definitive purpose for a definitive amount of time. Chair Kenney asked for further
clarification as to the formation of ad hoc committees with regards to long-term objectives. Commissioner Drayton asked about the issue of dredging as a suitable long-term committee for a standing committee.
Commissioner Blank noted that a standing committee would be subject to the Brown Act, citing RGP 54 as an example of a topic that would not have been feasible as a standing committee. Harbor Resources
Manager Miller asked if there were ways to narrow down such wide topics. Commissioner Beer agreed with Harbor Resources Manager Miller, noted that there were ways to break down objectives in steps and to
work within parameters while accomplishing what needs to be done.
Commissioner Girling noted that the Objectives process started 6 years ago, and that the process has been refined over time. The Commission has gotten better at fine tuning these objectives, and seeing this as an
effective process. Vice Chair Girling suggested going through the list of objectives and asking committee members of status in order to ascertain whether or not some objectives need to come back or be
discharged. Chair Kenney asked Deputy City Attorney Ewing if the Commission could create ad hoc committees for the objectives on January 1, and disband them on December 31, and do the same for the
following year. Deputy City Attorney Ewing confirmed, noting that objectives should have a definitive end to them. Chair Kenney asked if the ad hoc committee could be disbanded upon completion or at the end of
the calendar year, whichever comes first.
The Commission proceeded to go through each objective and their status, and which objectives could be marked as complete and which should be reconvened for the next calendar year. Objectives No. 1 and No.
6 could be dropped off, with all other items as active and recommended for placement on the 2018 Commission Objectives list.
Following the discussion of the objectives, Commissioner Blank moved to form an ad hoc committee with
Commissioners Cunningham and Drayton to provide recommendations on 2018 Objectives at the
5
December meeting, after which it would automatically discharge. Chair Kenney asked Commissioner Blank if the motion could be amended to include himself on the ad hoc committee. Commissioner Blank
Confirmed. Chair Kenney seconded the motion as amended.
The motion carried by the following roll call vote:
Ayes: Chair Kenney, Vice Chair Girling, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer
6. Larger Boat Anchorage Area – Ad Hoc Committee Recommendation on Rules and Fees
The anchorage ad hoc committee will review and provide recommendations on: (1) recommended vessel size, (2) double point anchorage requirements, and (3) proposed fees for visiting larger
vessels that moor in the Turning Basin with a City 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) Submit Ad Hoc Committee recommendations to staff and direct staff to forward to the
appropriate entity for review. Discharge the Larger Boat Anchorage Area Ad Hoc Committee.
Chair Kenney noted that the committee was asked to take a second, deeper look at the large vessel
anchorage fee at the previous Commission meeting. The ad hoc committee had prepared a presentation on their findings, but due to recent updates regarding a new appraisal by the City of fair market and
equitable transient mooring rates, Chair Kenney suggested that the Commission wait for a month or two in order for the City to complete the appraisal and use the data for further analysis and recommendation.
Chair Kenney asked Harbormaster Durgan if the Commission could rely on the appraisal in forming a large vessel anchorage fee rate. Chair Kenney discussed other issues and recommendations in relation to the
large vessel anchorage fee, specifically on size limits, permitting, and the anchorage area itself. Deputy City Attorney Ewing asked for clarification on the recommendation. Chair Kenney asked for a straw poll
from the Commissioners on whether or not to wait until after the appraisal and review all the recommendations at once. Commissioner Girling requested that the Committee wait because other
information from the appraisal report might be beneficial in creating a more comprehensive report. Based on comments from the Commission, Chair Kenney suggested that the item be placed on hold and brought
back at a later date. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS)
Commissioner Blank provided announcements on an upcoming Water Quality in Newport Harbor presentation, the Central Avenue Public Pier dedication and a study session item on General Plan Updates
at the November 14, 2017 City Council meeting. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES
None.
9) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER
None.
6
10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM)
Commissioner Beer asked the Commission that the matter of making the West Anchorage a permanent
year-round anchorage could be agendized. Commissioner Blank noted that he received an interesting request for signage delineating that human powered craft use the side spans of the Lido and Coast Highway
bridges, which would leave the center span for non-manual powered traffic. Chair Kenney recommended placement of the item on a future agenda. Vice Chair Girling asked about Harbor Patrol jurisdiction and
enforcement of the Municipal Code in the harbor. Chair Kenney recapitulated topics discussed previously about enforcement issues, such as dock usage, discharge and live aboards. Chair Kenney noted that he
would like to see the Commission give their support to the City’s Harbormaster and Harbor Resources Manager for the staff and resources necessary for full 24/7 enforcement. Commissioner Cunningham asked
if it could be a 2018 objective. Deputy City Attorney Ewing asked the Commission what they would like to see happen.
Chair Kenney responded, suggesting that the Commission make recommendations to Council regarding
the approval and advancement of staffing and resources towards the Harbor Operations group. Public Works Director Dave Webb provided clarification and comments in regards to staffing and the necessary
City Council approvals for budget and staffing. Director Webb noted that a study session item for Harbor Operations was slated for the November 14, 2017 Council Study Session, and that the Commissioners
were welcome to attend. Deputy City Attorney Ewing noted that any Commission members in attendance would have to represent themselves in an individual capacity.
11) DATE AND TIME FOR NEXT MEETING: Monday, December 11, 2017
12) ADJOURNMENT
There being no further business to come before the Harbor Commission, the meeting was adjourned at
8:33 p.m.
NEWPORT BEACH
Harbor Commission Staff Report
CITY OF
December 11, 2017 Agenda Item No. _1_
TO: HARBOR COMMISSION
FROM: Chris Miller, Harbor Manager - 949-644-3043,
cmiller@newportbeachca.gov
TITLE: Harbor and Beaches Capital Plan Review ______________________________________________________________________
ABSTRACT:
Staff will provide an overview of the Harbor and Beaches Capital Plan.
RECOMMENDATION:
1. Find this action exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
2. Review the Harbor and Beaches Capital Plan and return to the January 2018 meeting with recommended updates.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Attachments:
Attachment A: Harbor and Beaches Capital Plan
F:\Users\PBW\Shared\Harbor Resources\Budget - Tidelands Capital Plan - CIP\Tidelands Capital Plan\17-05-05 Harbor and Beaches Capital Planning 1 of 3
HARBOR AND BEACHES CAPITAL PLANNING DASHBOARD TRUE Updated:12/6/2017
1 2
3 4
5 6
-$10,000,000
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
20172018201920202021202220232024202520262027202820292030203120322033203420352036203720382039204020412042204320442045Harbor and Beaches Capital Plan Funding Balance
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
201720192021202320252027202920312033203520372039204120432045Project Expenditures
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%201720192021202320252027202920312033203520372039204120432045Debt Service as % of Dedicated Revenues
Debt Service - as % of Revenues
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
20152017201920212023202520272029203120332035203720392041204320452047All Estimated Revenue Sources
Grants
Periodic GF or One-time Transfers
General Fund Contributions
Interest Earnings
Incremental Revenue Projection
Bulkhead, $140.27,
68%Drain, $0.26, 0%
Dredging, $36.14,
18%
Gate Valves, $3.65,
2%
Other, $10.28, 5%
Piers, $3.81, 2%Slips, $9.69, 5%Water Quality, $0.66,
0%
Bay, $0.08, 0%
Expenditures by Type (millions)
Dredging Lower Bay Channels at 650 cubic yards vs. 150 (assumes 80% grant)
Increment Revenue,
$154.50 , 41%General Fund
Contributions,
$207.50 , 54%
Periodic General Fund Contributions or
One-Time Transfers, $5.00 , 1%
Grants, $15.45 , 4%
Revenues by Type (millions)
F:\Users\PBW\Shared\Harbor Resources\Budget - Tidelands Capital Plan - CIP\Tidelands Capital Plan\17-05-05 Harbor and Beaches Capital Planning 2 of 3
Last Updated: 12/6/2017 2017
Ref #Project YR Built
Units
Measurement Total Units
Today's Unit
Cost Current Age: Useful Life Years to Start Project Estimate
FY Design
Start Year
FY Const
Start Year
FV Cost Est
@2.5% Growth
External
Contributions
Net Proposed
Cost
1 Tide Gate Valves (Balboa Island): Replace 0 EA 34 $50,000 **25 $1,700,000 0 0 $0 $1,700,000
2 Tide Gate Valves (Peninsula): Replace 0 EA 39 $50,000 **25 $1,950,000 0 0 $0 $1,950,000
3 Seawall (Balboa Island, West End): Extend Cap 1930 LF 1,300 $100 87 20 $130,000 2014 2017 $0 $130,000
4 Seawall (Balboa Island N & S): Extend Cap 1930 LF 7,000 $100 87 20 $700,000 2014 2017 $0 $700,000
5 Dredging (Grand Canal): North of Center 0 CY 5,000 $175 **5 $361,000 2016 2017 $0 $361,000
6 Arches Drain: Dry Weather Diversion 2017 LS 1 $250,000 0 80 1 $250,000 2016 2018 $256,250 $256,250
7 Bulkhead (American Legion): Repair 1957 LF 328 $900 60 40 1 $295,200 2017 2018 $302,580 $302,580
8 Lower Castaways: Bulkhead Only 0 LF 265 $3,800 **80 3 $1,007,000 2017 2020 $1,084,429 $1,084,429
9 Navigation Markers: Convert Federal Stationary
Markers to Floats
0 LS 1 $50,000 **0 1 $50,000 2017 2018 $51,250 $51,250
10 Bildge Pumpout Dock 0 LS 1 $150,000 **15 3 $150,000 2017 2020 $161,534 $161,534
11 Bulkhead (Edge Water Ln) Extend Cap 2017 LF 140 $100 0 20 2 $14,000 2017 2019 $14,709 $14,709
12 Water Quality: TMDL Compliance:0 LS 1 $300,000 **Ongoing 3 $300,000 2018 2020 $323,067 $323,067
13 Public Pier (29th St): Gangway & Float 0 EA 1 $100,000 **20 2 $100,000 2018 2019 $105,063 $105,063
14 Public Pier (15th St): Float only 0 EA 1 $50,000 **20 3 $50,000 2018 2020 $53,845 $53,845
15 Public Pier (19th St): Gangway & Float 0 EA 1 $75,000 **20 3 $75,000 2018 2020 $80,767 $80,767
16 Public Pier (Coral Ave): Gangway & Float 1985 EA 1 $75,000 32 20 3 $75,000 2018 2020 $80,767 $80,767
17 Public Pier (Emerald Ave): Gangway & Float 1986 EA 1 $75,000 31 20 3 $75,000 2018 2020 $80,767 $80,767
18 Public Pier (Fernando St): Gangway & Float 0 EA 1 $75,000 **20 3 $75,000 2018 2020 $80,767 $80,767
19 Public Pier (M St): Gangway & Float 0 EA 1 $100,000 **20 3 $100,000 2018 2020 $107,689 $107,689
20 Public Pier (Opal Ave): Gangway & Float 0 EA 1 $75,000 **20 3 $75,000 2018 2020 $80,767 $80,767
21 Public Pier (Park Ave): Gangway & Float 0 EA 1 $75,000 **20 3 $75,000 2018 2020 $80,767 $80,767
22 Public Pier (Sapphire Ave): Gangway & Float 0 EA 1 $75,000 **20 3 $75,000 2018 2020 $80,767 $80,767
23 Public Pier (Washington St): Gangway & Float 0 EA 1 $75,000 **20 3 $75,000 2018 2020 $80,767 $80,767
24 Public Swim Float (10th St)0 EA 1 $35,000 **20 4 $35,000 2018 2021 $38,633 $38,633
25 Harbor Local Coastal Plan 0 LS 1 $500,000 **50 4 $500,000 2018 2021 $551,906 $551,906
26 Ferry Landings (Agate Ave & Palm St): Replace?1930 EA 1 $0 87 75 3 $0 2019 2020 $0 $0
27 Public Beaches (Lido Isle Bridge): Install Walkway
to Beach
0 EA 1 $75,000 **40 3 $75,000 2019 2020 $80,767 $80,767
28 Water Quality: Circulation (Newport Island Area):0 EA - **0 3 $0 2019 2020 $0 $0
29 Dredging: Lower Bay (Channels - Ongoing
Maintenance)
0 CY 650,000 $25 **30 7 $16,250,000 2019 2024 $19,316,143 15,452,915 $3,863,229
30 Dredging Equipment (needs further review)0 EA 2 $1,000,000 **30 3 $2,000,000 2019 2020 $2,000,000 $2,000,000
31 Dredging: Newport Island Area (Channels)0 CY 15,000 $50 **50 5 $750,000 2019 2022 $848,556 $848,556
32 Vessel Sewage Pumpout Facilities: Replace 0 EA 5 $30,000 **10 6 $150,000 2020 2023 $173,954 $173,954
33 Central Peninsula Sand Nourishment 2017 CY 1,000,000 0 20 8 $0 2021 2025 $0 $0
34 Balboa Yacht Basin Marina (Slips): Replace 1985 Slips 172 $35,000 32 40 8 $6,020,000 2022 2025 $7,334,785 $7,334,785
35 Dredging (Balboa Yacht Basin):1985 CY 25,600 $70 32 40 8 $1,792,000 2022 2025 $2,183,378 $2,183,378
36 Balboa Island, N, S, E & GC: Boardwalk & Perimeter
Drainage System only (Little Island not include
~42k SF)
0 SF 92,000 $25 **80 9 $2,300,000 2024 2026 $2,872,385 $2,872,385
37 Balboa Island, N, S, E & GC: Replace Seawall 1930 LF 13,160 $3,800 87 80 9 $50,008,000 2024 2026 $62,453,139 $62,453,139
38 Surfside/Sunset Beach Sand Nourishment 2017 LS 1 $300,000 0 7 8 $300,000 2024 2025 $365,521 $365,521
39 Rhine Wharf Boardwalk: Major Repair 0 LF 1 $150,000 **20 12 $150,000 2027 2029 $201,733 $201,733
40 Dredging: Upper Bay (Channels & Catch Basins)0 CY 650,000 $30 **20 13 $19,500,000 2027 2030 $26,880,965 $26,880,965
41 Public Bay Beaches: Sand Nourishment (25k yards)2016 CY 25,000 $50 1 25 14 $1,250,000 2028 2031 $1,766,217 $1,766,217
42 Public Pier (15th St): Pier & Gangway 0 EA 1 $115,000 **20 17 $115,000 2031 2034 $174,986 $174,986
43 Public Pier (Coral Ave): Pier only 1985 EA 1 $75,000 32 20 17 $75,000 2031 2034 $114,121 $114,121
44 Public Pier (Emerald Ave): Pier only 1986 EA 1 $75,000 31 20 17 $75,000 2031 2034 $114,121 $114,121
45 Public Pier (Fernando St): Pier only 0 EA 1 $75,000 **20 17 $75,000 2031 2034 $114,121 $114,121
46 Public Pier (M St): Pier only 1985 EA 1 $100,000 32 20 17 $100,000 2031 2034 $152,162 $152,162
47 Public Pier (Opal Ave): Pier only 0 EA 1 $75,000 **20 17 $75,000 2031 2034 $114,121 $114,121
48 Public Pier (Park Ave): Pier only 0 EA 1 $75,000 **20 17 $75,000 2031 2034 $114,121 $114,121
49 Public Pier (Sapphire Ave): Pier only 0 EA 1 $75,000 **20 17 $75,000 2031 2034 $114,121 $114,121
HARBOR AND BEACHES CAPITAL PLAN PROJECTS
F:\Users\PBW\Shared\Harbor Resources\Budget - Tidelands Capital Plan - CIP\Tidelands Capital Plan\17-05-05 Harbor and Beaches Capital Planning 3 of 3
Ref #Project YR Built
Units
Measurement Total Units
Today's Unit
Cost Current Age: Useful Life Years to Start Project Estimate
FY Design
Start Year
FY Const
Start Year
FV Cost Est
@2.5% Growth
External
Contributions
Net Proposed
Cost
50 Public Pier (Washington St): Pier only 0 EA 1 $75,000 **20 17 $75,000 2031 2034 $114,121 $114,121
51 Entrance Jetty: Maintenance 1936 LF 3,000 $1,000 81 50 19 $3,000,000 2033 2036 $4,795,951 $4,795,951
52 Bulkhead (American Legion): Replace 1957 LF 336 $3,800 60 80 20 $1,276,800 2034 2037 $2,092,185 $2,092,185
53 Public Pier (Grand Canal, Balboa Ave): Pier
Platform
2017 EA 1 $10,000 0 20 20 $10,000 2034 2037 $16,386 $16,386
54 Public Pier (Rhine Channel): Float only 2007 EA 1 $175,000 10 30 20 $175,000 2034 2037 $286,758 $286,758
55 Bulkhead (Rhine Channel): Replace 1960 LF 375 $3,800 57 80 23 $1,425,000 2037 2040 $2,514,570 $2,514,570
56 Bulkhead (West Newport): Replace 0 LF 1,722 $3,800 **80 24 $6,543,600 2038 2041 $11,835,579 $11,835,579
57 Bulkhead (Corona Del Mar): Replace 0 LF 175 $3,800 **80 28 $665,000 2042 2045 $1,327,669 $1,327,669
58 Bulkhead (Promontory Bay): Replace 1965 LF 1,158 $3,800 52 80 28 $4,400,400 2042 2045 $8,785,377 $8,785,377
59 Public Pier (Rhine Channel): Gangway only 0 EA 1 $60,000 **40 30 $60,000 2044 2047 $125,854 $125,854
60 Bulkhead (Rhine Wharf): Replace 0 LF 343 $3,800 **80 32 $1,303,400 2046 2049 $2,872,377 $2,872,377
61 Marina Park Slips: Replace 2015 EA 23 $40,000 2 40 38 $920,000 2052 2055 $2,351,228 $2,351,228
62 Bulkhead (Street Ends - Peninsula): Replace 0 LF 2,217 $3,800 **80 39 $8,424,600 2053 2056 $22,068,867 $22,068,867
63 Public Pier (Balboa Marina West): Float only 2017 EA 1 $200,000 0 40 40 $200,000 2054 2057 $537,013 $537,013
64 Public Pier (Central Ave): Gangway and Float 2017 EA 1 $250,000 0 40 40 $250,000 2055 2057 $671,266 $671,266
65 Public Pier (Balboa Marina West): Gangway 2017 EA 1 $50,000 0 41 41 $50,000 2055 2058 $137,610 $137,610
66 Bulkhead (Balboa Yacht Basin): Replace 1985 LF 1,370 $3,800 32 42 42 $5,206,000 2056 2059 $14,686,101 $14,686,101
67 Bulkhead (Marina Park): Replace 2015 LF 857 $3,800 2 43 43 $3,256,600 2057 2060 $9,416,524 $9,416,524
TOTAL $146,743,600 $215,821,946 15,452,915 $205,210,031
1
Harbor Commission
December 11, 2017
Harbor and Beaches Capital Plan
Review
Additional Materials Presented at Meeting
Harbor Commission - December 11, 2017
Item # 6.1
Harbor and Beaches Capital Plan
2
Originally requested by former Mayor Dixon
Foundation document was the 5 Year Tidelands Capital Plan(developed by the former Tidelands Management Committee)
Finance Committee requested that it include the ocean beaches
Serves as a planning tool for harbor & ocean beaches infrastructure needs
Rough project estimates –evolves over time
Oversight, review and updating assigned to the Harbor Commission via PublicWorks
The big dollar projects:
City seawall/bulkhead maintenance & replacement
Harbor dredging
Harbor and Beaches Capital Plan
3
Harbor and Beaches Capital Plan
4
Harbor and Beaches Capital Plan -Dashboard
5
Harbor and Beaches Capital Plan -Dashboard
6
7
Funding for the Harbor and Beaches Capital Plan comes from:
General Fund
Tidelands Fund
Possible Oceanfront Encroachments Fund
Prospective Grant Funding
The Big Dollar Projects:
Seawall/Bulkhead Maintenance & Replacement
Harbor Dredging
Harbor and Beaches Capital Plan -Funding
City-Owned Seawalls (~ 3 linear miles)
Balboa Islands account for about 2 miles.
8
Harbor
Dredging
Improves:
Annual Corps Harbor Depth Survey
2017
Navigation
Tidal Flushing &
Circulation
Water Quality
Harbor
Dredging
Needs
Actual Depth vs. Design Depth
Upper Bay Channel
and Sediment Basin
Dredging Needs
Unit II Basin
Unit I / III Basin
Harbor and Beaches Capital Plan
12
Harbor and Beaches Capital Plan
13
QUESTIONS & COMMENTS
Public Works Department
A Well-Engineered Machine
Protecting and Providing Quality
Public Improvements and Services
NEWPORT BEACH
Harbor Commission Staff Report
CITY OF
December 11, 2017
Agenda Item No. _2_
TO: HARBOR COMMISSION
FROM: Dennis Durgan, Harbormaster – 949-720-8158,
ddurgan@newportbeachca.gov
PREPARED BY: Chris Miller, Harbor Manager – 949-644-3043,
cmiller@newportbeachca.gov
TITLE: Review Appraisal of Mooring Related Rents and Other Harbor
Operations Fees
______________________________________________________________________
ABSTRACT:
Staff will review an appraisal that focuses on mooring sub-permit rents as well as anchorage fees for larger visiting vessels. In addition, other Harbor Operations fees will be reviewed.
RECOMMENDATION:
1.Find this action exempt from the California Environmental Quality Act (CEQA)pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
2.Review the various Harbor Operations rents and fees, and recommend staff
forward to the City Council for consideration.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
A majority of the waterways in Newport Harbor are tidelands, owned by the State on
behalf of the people of California. The California Legislature, through the Beacon Bay Bill
(Chapter 74 of the Statutes of 1978, as amended), granted the City trusteeship of most
of the tidelands within Newport Harbor. The Beacon Bay Bill authorizes the City to allow
Review Appraisal of Mooring Related Rents and Other Harbor Operations Fees December 11, 2017
Page 2
third parties to use the tidelands. The Beacon Bay Bill, California Constitution Article 16,
Section 6, the Municipal Code, and City Council Policy F-7(D) require the City to receive
fair market rent from persons using tidelands.
Staff retained Netzer and Associates to appraise various rents for the mooring sub-
permittees and large vessel anchorage users in Newport Harbor. To clarify, sub-
permittees are those boaters who do not have a mooring permit in Newport Harbor but
who wish to use one of the “deemed vacant” moorings on a short- or long-term basis.
Deemed vacant moorings are fully permitted moorings, but the mooring permittee does not have a boat to store on that mooring.
Netzer and Associate Appraisal Summary
1.Daily Fair Market Rent for Off-Shore Guest/Transient Moorings (Sub-Permits)
Recommendation:
A.$1.25 per day, per linear foot of vessel, year round. Adjusted annuallyby CPI.
Current fee: $16 per night (winter) and $27 per night (summer).
2.Daily Fair Market Rent for On-Shore Guest/Transient Moorings (sub-Permits)
Recommendation:
A.$0.625 per day, per linear foot of vessel, year round. Adjusted annuallyby CPI.
Current fee: $11 per night, year round.
3.Daily Fair Market Rent Premium for Multi-Hulled Vessels for Off-Shore
Guest/Transient Moorings (Sub-Permits)
Recommendation:
A.$0.25 per day, per linear foot of vessel, year round for catamaran typevessels. Adjusted annually by CPI. (Example: $1.25 daily rate + $0.25
premium = $1.50 per foot, per day for catamarans)
Current fee: None.
Review Appraisal of Mooring Related Rents and Other Harbor Operations Fees December 11, 2017
Page 3
B.$0.50 per day, per linear foot of vessel, year round for trimaran type
vessels. Adjusted annually by CPI. (Example: $1.25 daily rate + $0.50
premium = $1.75 per foot, per day for trimarans)
Current fee: None.
4.Daily Fair Market Rent for “Large Vessel” (vessels 100’ linear feet and above)
in the Reserved Anchorage/Mooring Area
Recommendation:
A.$1.55 per day, per linear foot of vessel, year round. Adjusted annuallyby CPI.
Current fee: Staff has been using the current mooring annual permit rent,
prorated.
Other Harbor Operations Fees:
5.Marina Park Slip Fee: (40’ vessel = $60 flat rate per night + $1.50 per foot over40’. 55’ vessel = $82.50 flat rate per night + $1.50 per foot over 55’.)
Recommendation: None.
6.City Tow and Impound Fees
Recommendation:
A.Vessels Over 14’:
a.Tow fee: $50
b.Impound fee first day: $150
c.Storage fee daily, starting second day: $50
Current Fee: Orange County Harbor Patrol uses a similar fee structure.
B.Vessels 14’ and Under (Dinghies/Tenders):
a.$30 per day impound fee
Current Fee: None.
Review Appraisal of Mooring Related Rents and Other Harbor Operations Fees December 11, 2017
Page 4
7.Dinghy Rack Storage Fee at Marina Park and Balboa Yacht Basin
Recommendation: $50 per month.
Current Fee: $25 per month.
8.Marina Park Short-Term Use Rent
Recommendation: $30 per day (between 9:00 AM to 4:00 PM only)
Current Rent: None. New program designed to encourage short-term use during
non-peak season.
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 – Appraisal Report: Fair Market Rent – Guest/Transient Moorings
Review Appraisal of
Mooring Related Rents and
other Harbor Operations
Fees
Additional Materials Presented at Meeting
Harbor Commission - December 11, 2017
Item # 6.2
Harbor Rents and Fees
Current Fees established by County of Orange
$27/night summer $16/night winter
•City to create its own rent and fee schedule to
reflect current environment
•Hired Netzer and Associates to perform appraisal
of rents and fees
Harbor Rents –Off-shore Guests
Current Fees established by County of Orange
$27/night summer $16/night winter
•Proposed rent $1.25 lineal foot per vessel adjusted by CPI annually
•Example: 50 foot vessel -summer
Current Proposed
$27/night $62.50/night
•Example: 50 foot vessel -winter
Current Proposed
$16/night $62.50/night
Harbor Rents – On-Shore Guests
Current Fees established by County of Orange
$11/night year round
•Proposed rent $.625 lineal foot per vessel adjusted by CPI
annually
•Example: 18 foot vessel –year round
Current Proposed
$11/night $11.25/night
Harbor Rents – Off-Shore Catamaran Guests
Current Fees established by County of Orange
$27/night summer $16/night winter
•Proposed rent $1.25 lineal foot + $.25 per lineal foot adjusted by CPIannually
•Example: 50 foot vessel -summer
Current Proposed
$27/night $75.00/night
•Example: 50 foot vessel -winter
Current Proposed
$16/night $75.00/night
Harbor Rents – Off-Shore Trimaran Guests
Current Fees established by County of Orange
$27/night summer $16/night winter
•Proposed rent $1.25 lineal foot + $.50 per lineal footadjusted by CPI annually
•Example: 50 foot vessel -summer
Current Proposed
$27/night $87.50/night
•Example: 50 foot vessel -winter
Current Proposed
$16/night $87.50/night
Harbor Rents –Large Vessel 100’+ Anchorage
Current Fees established by County of Orange
•Prorated based on annual mooring permit fee of $35.43
linear foot prorated
•Proposed rent $1.55 lineal foot per vessel adjusted by CPI
annually
•Example: 100 foot vessel –year round
Current Proposed
$9.95/night $155/night
Harbor Rents –Marina Park
Current Fees established by City of Newport Beach –No
changes proposed
•40’ vessel = $60 per night + $1.50 per foot over 40’
•55’ vessel = $82.50 per night + $1.50 per foot over 55’
Harbor Fees –Tow and Impound Fees
Current Fees established by County of Orange
•Vessels over 14’
•Tow Fee: $50
•Impound Fee first day: $150
•Daily storage fee (starting second day): $50
•Vessels under 14’ (dinghies/tenders) –on public piers
Current Proposed
None $30 per day impound fee
Harbor Fees –Dinghy Rack Storage
Current Fees established by City of Newport Beach
Current Proposed
$25 month $50 month
•Marina Park Short-Term Use Rent –9:00 AM to
4:00 PM only
Current Proposed
None $30 per day
QUESTIONS?
NEWPORT BEACH
Harbor Commission Staff Report
CITY OF
December 11, 2017
Agenda Item No. _3_
TO: HARBOR COMMISSION
FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov
TITLE: Larger Boat Anchorage Area – Ad Hoc Committee Recommendation on
Rules and Fees
______________________________________________________________________
ABSTRACT:
The anchorage ad hoc committee will review and provide recommendations on: (1) recommended vessel size, (2) double point anchorage requirements, and (3) proposed fees for visiting larger vessels that moor in the Turning Basin with a City 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 foreseeableindirect 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 theenvironment, directly or indirectly.
2.Review and approve the ad hoc committee’s recommendation, and direct staff to forward
to the City Council for consideration. Discharge the Larger Boat Anchorage Area Ad HocCommittee.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Larger Boat Anchorage Area – Ad Hoc Committee Recommendation on Rules and Fees
December 12, 2017
Page 2
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
ATTACHMENTS:
Attachment A – 2016 Council Approved Trial Anchorage
58 f
t
.
90 ft.LargeVessel Area325 ft.300 ft.255 ft.250
f
t
.
D
C
A
B
Z Marker
I 0 200100Feet
Trial Anchorage Council Approved May 2016
Trial_Anchorage_May2016.mxd
Anchorage Buoys
A: 33.6188, -117.9266
B: 33.6191, -117.9262
C: 33.6184, -117.9247
D: 33.6174, -117.9257
Z Marker: 33.6177, -117.9247
TUR NI N GBAS IN
NEWPORT BEACH
Harbor Commission Staff Report
CITY OF
December 11, 2017
Agenda Item No. _4_
TO: HARBOR COMMISSION
FROM: Chris Miller, Harbor Manager - 949-644-3043,
cmiller@newportbeachca.gov
TITLE: Harbor Commission Objectives for Calendar Year 2018: Review
and Approve ______________________________________________________________________
ABSTRACT:
The Harbor Commission ad hoc committee will review the proposed 2018 Objectives and
recommend 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 CEQAGuidelines, 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.Approve the proposed 2018 Harbor Commission Objectives, and recommend they
be forwarded to the City Council for review and approval.
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 Objectives for Calendar Year 2018 December 11, 2017
Page 2
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Harbor Commission considers the item).
ATTACHMENTS:
Attachment A – Newport Harbor Commission Objectives, Calendar Year 2018
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 andregulation of all vessels and watercraft within Newport Harbor.2.Approve, conditionally approve, or disapprove applications on all harbor permits where theCity of Newport Beach Municipal Code assigns the authority for the decision to the HarborCommission.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 adoptionof 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 AreaManagement Plan, and the Tidelands Capital Plan.7.Advise the City Council on the implementation of assigned parts of the Tidelands CapitalPlan such as:
•Dredging priorities
•In-bay beach sand replenishment priorities
•Harbor amenities such as mooring support service areas and public docks
Harbor Commission - Proposed 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 subcommittees, as
established by the Commission, bear principal responsibility for coordinating the Commission’s
efforts with Harbor Resources Staff support in achieving these objectives.
City of Newport Beach - Harbor Commission
Proposed 2018 Objectives
Recommended 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.
1.0 Harbor Dredging
Advise the City Council on: o Dredging methodologiesoDredging prioritiesoEelgrass ProtectionoBeach re-nourishment
2.1 Evaluate current enforcement of applicable city codes throughout the harbor.
2.2 Work with Harbormaster’s office to evaluate mooring
management and oversight.
2.3 Evaluate potential enhancements to city services provided to mooring permittees, residents and visitors.
2.4 Identify and address derelict vessels berthed in the harbor.
2.0 Harbor Operations and Management
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 Complete evaluation for establishing day moorings off Big
Corona beach.
3.3 Evaluate options to consolidate and reduce the footprint of current mooring fields.
3.4 Establish policies for modifications to mooring size.
3.5 Establish policies for approval of sandline moorings.
3.6 Evaluate current City maintenance plans and schedules to
ensure that city-owned harbor assets (i.e. facilities, docks, vessels) are maintained in good repair and in accordance
with best industry practices.
3.0 Harbor Amenities and Capital Improvements (Mooring Fields, Shore Facilities, Docks)
o Advise the City Council onproposed harbor-related
improvements.
o Advise the City Council onharbor amenities such as
mooring support serviceareas and public docks
4.1 Review and update City Municipal Codes, Title 17 and
Harbor Policies 1-5.
4.2 Update definitions and regulations pertaining to live-aboards, visiting boaters, and derelict vessels.
4.3 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.
o Approve, conditionally
approve, or disapproveapplications on all harbor
permits.
o Serve as an appellate andreviewing body for decisions
on harbor permits, leases,and other harbor-related
administrative matters.
City of Newport Beach - Harbor Commission
Proposed 2018 Objectives
Recommended 2018 Objectives Functional Area
5.1 Establish a dialogue with representatives of the Harbor Charter Fleet industry and other commercial vessel
operators 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 concessions for safety and regulatory compliance (e.g. unpermitted rental operations
for SUP’s).
5.3 Identify and obtain a commitment from a liaison to represent the Harbor Commission at the Marine
Committee of the Newport Beach Chamber of Commerce meetings and to continue supporting efforts of the Marine
Committee by suggesting topics and presenters for their meetings.
5.0 Commercial, Recreational and Educational Activities
o Matters pertaining to use,
control, operation, promotion,regulation of all vessels and
watercraft…
o Serve as an appellate andreviewing body for decisions of
the City Manager on harborpermits, leases, and other
harbor-related administrativematters…
6.1 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.
6.2 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)
o Advise the City Council on the
City General Plan…
City of Newport Beach
Harbor Commission
Proposed 2018
Objectives
December 11, 2017
Additional Materials Presented at Meeting
Harbor Commission - December 11, 2017
Item # 6.4
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
2018 HC Objectives
2017 HC Objectives
Public Input
Harbor Commission Input
City Staff Input
City Council Input
Other External Inputs (e.g. state and local gov't)Process for
establishing
2018 Objectives
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
Reviewed Six Functional Areas
that are overseen by Harbor
Commission:
1.Dredging
2.Harbor Operations and
Management
3.Harbor Amenities and Capital
Assets
4.Harbor Policies, Codes and
Regulations
5.Commercial, Recreational
and Educational Activities
6.Long Term Plans and Vision
1.Dredging
1.1 Identify sustainable low cost
solutions to dredge the deep-
water channels throughout the
harbor.
1.2 Continue efforts to streamline
the RGP54 permit process.
1.3 Evaluate options for near shore
dredging.
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
2. Harbor Operations and Management
2.1 Evaluate current enforcement of
applicable city codes throughout the
harbor.
2.2 Work with Harbormaster’s office to
evaluate mooring management and
oversight.
2.3 Evaluate potential enhancements to city
services provided to mooring permittees,
residents and visitors.
2.4 Identify and address derelict vessels
berthed in the harbor.
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
3. Harbor Amenities and Capital Improvements
3.1 Evaluate potential enhancements to city amenities
provided to mooring permittees, residents and visitors.
3.2 Complete evaluation of establishing day moorings off
Big Corona beach
3.3 Evaluate options to consolidate and reduce the
footprint of current mooring fields.
3.4 Establish policies for modifications to mooring size
3.5 Establish policies for approval of sandline moorings.
3.6 Evaluate current City maintenance plans and
schedules to ensure that city-owned harbor assets (i.e.
facilities, docks, vessels) are maintained in good repair
and in accordance with best industry practices.
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
4. Harbor Policies, Codes and Regulations
4.1 Review and update City Municipal Codes, Title
17 and Harbor Policies 1-5.
4.2 Update definitions and regulations pertaining to
live-aboards, visiting boaters, and derelict
vessels.
4.3 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.
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
5. Commercial, Recreational and Educational Activities:
5.1 Establish a dialogue with representatives of the Harbor
Charter Fleet industry and other commercial vessel
operators 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 concessions for safety and
regulatory compliance (e.g. unpermitted rental operations
for SUP’s).
5.3 Identify and obtain a commitment for a Harbor
Commission representative at the Marine Committee of
the Newport Beach Chamber of Commerce
meetings.Continue supporting efforts of the Marine
Committee by suggesting topics and presenters for their
meetings.
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
6. Long Term Vision (Harbor Strategic Plans)
6.1 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.
6.2 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.
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
City of Newport Beach Harbor Commission
Proposed 2018 Objectives
NEWPORT BEACH
Harbor Commission Staff Report
CITY OF
December 11, 2017 Agenda Item No. _5_
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 Codeof Regulations, Title 14, Chapter 3, because it has no potential for resulting in physicalchange to the environment, directly or indirectly.
2.Receive and file.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting
in physical change to the environment, directly or indirectly.
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Harbor Commission considers the item).
Mooring Administration in
Newport Harbor
Update
HARBOR COMMISSION
Monday December 11, 2017
Presented by:
Dennis Durgan, City Harbormaster
Additional Materials Presented at Meeting
Harbor Commission - December 11, 2017
Item # 6.5
STATISTICS -UPDATE
DAILY LOG COUNT (Approximate)
Type:July August September October*November**Totals:
316 190 281 188 Pending 975
Sea Lions 132 236 148 61 Pending 577
Speeding/Wake Advisement 255 144 137 100 Pending 636
Mooring Check/Issue/Assist 170 130 75 16 Pending 391
Pollution/Fuel/Discharge 6 9 1 1 Pending 17
Hazard/Debris/Trash 125 69 73 34 Pending 301
Noise 3 4 7 1 Pending 15
Pier/Dock/Bridge Issue 81 70 14 16 Pending 181
Emergency 13 0 2 0 Pending 15
Vessels in Anchorage (daily average)N/A 5 5 2.7 Pending 4.2
Vessels in Trial Anchorage (daily average)N/A 1.9 2 0.9 Pending 1.6
*Numbers include digital log beta testing
**November figures are pending the finalization of Quest data reporting and testing
General Assist(Boats, Stand Up
Paddleboards, Swimmers, etc)
No. of Transfers- 26
No. of Intrafamilial Transfers- 3
Second Permittee additions to existing permits - 5
Transfers Pending/Scheduled - 3
Code Enforcement
•79 warning notices
•36 admin citations
•5 Notices of Intent to Revoke
Boat Parade
Staffing and Support during Boat Parade, December 13-17