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HomeMy WebLinkAbout04 - Council Policy Manual Update: Harbor and Beaches "H" Policies�EwaoRT CITY OF z NEWPORT BEACH <,FoaN'P City Council Staff Report February 13, 2018 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager, cmiller(a)_newportbeachca.gov PHONE: 949-644-3043 TITLE: Council Policy Manual Update: Harbor and Beaches "H" Policies ABSTRACT: Pursuant to the City Council's direction, the Harbor Commission has reviewed the Harbor and Beaches Policies of the Council Policy Manual, and recommends updates to Policies H-2 through H-5. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve City Council Resolution No. 2018-3, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council "H" Policies. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: At the August 8, 2017 meeting, the City Council directed the Harbor Commission to review the Harbor and Beaches "H" Policies for future City Council consideration. Subsequently, the Harbor Commission assigned ad hoc committees to review the policies and to return with recommendations for improvement. On January 10, 2018, the Commission approved changes to Council Policies H-1, H-2, H-3 and H-4 and recommended staff forward them to the City Council for review and approval. No changes were recommended for Council Policy H-5 except reaffirmation. However, regarding Council Policy H-1, further review is required by the City Attorney's Office before final submittal to Council. 4-1 Council Policy Manual Update: Harbor and Beaches "H" Policies February 13, 2018 Page 2 Summaries of the recommended policy changes are below. Council Policy H-2: Bay Water Pollution Control (Attachments A and B) 1. Council Policy H-2 remains unchanged except for updated agency references. Council Policy H-3 (113-2): Newport Beach Sensitive Marine Areas (Attachments C and D 1. Council Policy H-3 remains unchanged except for a clarifying reference and a typographical error. 2. The Harbor Commission felt that Policy H-3 was better positioned as a "B" Policy in the Council Policy Manual because it focuses on the Natural Resources staff who is under the Recreation and Senior Services Department. Therefore, the Commission recommends that H-3 be designated as B-2 (currently "reserved for future use"). Council Policy H-4: Dory Fishermen's Fleet (Attachments E and F) Council Policy H-4 was updated to include: 1. Minor grammatical updates. 2. A requirement for members of the Dory Fleet to maintain a valid commercial fishing permit. 3. A requirement for the Dory Fleet to sell only "locally caught" products from the United States/Mexico border to Point Conception. 4. The definition of a dory vessel was updated because the traditional dory style vessels are no longer used by the Dory Fleet. Council Policy H-5: Administration of the Robinson -Skinner Annuity for Newport Bay Dredging (Attachment G) 1. Council Policy H-5 remains unchanged except to reaffirm the policy. ENVIRONMENTAL REVIEW: Staff recommends the City Council 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. 4-2 Council Policy Manual Update: Harbor and NOTICING: Beaches "H" Policies February 13, 2018 Page 3 The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Council Policy H-2 Redline Attachment B — Council Policy H-2 Clean Attachment C — Council Policy H-3 (B-2) Redline Attachment D — Council Policy B-2 Clean Attachment E — Council Policy H-4 Redline Attachment F — Council Policy H-4 Clean Attachment G — Council Policy H-5 Clean Attachment H — Resolution No. 2018-3 4-3 ATTACHMENT A H-2 BAY WATER POLLUTION CONTROL The City Council is unalterably opposed to the discharge of any raw sewage, sewage effluent, litter, debris or other wastes into Newport Bay that in any possible way could cause pollution and contamination of the waters of Newport Bay. The Council will utilize information available from other regulatory agencies, such as the Regional Water Quality Control Board, the Orange County Health Care Agency, D epaFtMeRt, the Waterways ays Departmo„t, the U.S. Army Corp . of Engineers, and the State Boating and Waterways Divisione^a;t to further improve Bay water quality and meet or exceed California Water -Contact Sports Standards. The Council further urges the County of Orange and any other public and private agencies to take all practical steps to reduce or eliminate sediment flows into Upper Newport Bay during rainy seasons. Adopted - December 21, 1970 Reaffirmed - December 10, 1973 Reaffirmed - November 11, 1974 Reaffirmed- February 9, 1981 Amended - January 24, 1994 Amended — February 13, 2018 ATTACHMENT B H-2 BAY WATER POLLUTION CONTROL The City Council is unalterably opposed to the discharge of any raw sewage, sewage effluent, litter, debris or other wastes into Newport Bay that in any possible way could cause pollution and contamination of the waters of Newport Bay. The Council will utilize information available from other regulatory agencies, such as the Regional Water Quality Control Board, the Orange County Health Care Agency, the U.S. Army Corps of Engineers, and the State Boating and Waterways Division to further improve Bay water quality and meet or exceed California Water -Contact Sports Standards. The Council further urges the County of Orange and any other public and private agencies to take all practical steps to reduce or eliminate sediment flows into Upper Newport Bay during rainy seasons. Adopted - December 21, 1970 Reaffirmed - December 10, 1973 Reaffirmed - November 11, 1974 Reaffirmed- February 9, 1981 Amended - January 24, 1994 Amended — February 13, 2018 4-5 ATTACHMENT C B -2H-3 NEWPORT BEACH SENSITIVE NATURAL/ MARINE AREAS It is the policy of the City Council, through cooperative and mutually supportive endeavors of the City of Newport Beach, County of Orange and the State Fish and Wildlife Department, to preserve and enhance the assets of sensitive natural and marine areas; to create the best possible environments; and to +ensure their continued existence. In order to accomplish this goal the Natural Resources staff shall, when possible, schedule and regulate activities in sensitive natural and marine environments. Natural Resources staff assigned to natural/marine areasNatural Reso ,r„o pregramc educate on the rules and regulations for the purpose of conserving these resources for future generations. Adopted - October 26, 1976 Reaffirmed - February 9, 1981 Amended - January 24, 1994 Amended - September 27, 2011 Amended — May 12, 2015 Amended — February 13, 2018 Formerly H-3 Ono ATTACHMENT D NEWPORT BEACH SENSITIVE NATURAL/ MARINE AREAS It is the policy of the City Council, through cooperative and mutually supportive endeavors of the City of Newport Beach, County of Orange and the State Fish and Wildlife Department, to preserve and enhance the assets of sensitive natural and marine areas; to create the best possible environments; and to ensure their continued existence. In order to accomplish this goal the Natural Resources staff shall, when possible, schedule and regulate activities in sensitive natural and marine environments. Natural Resources staff assigned to natural/marine areas educate on the rules and regulations for the purpose of conserving these resources for future generations. Adopted - October 26, 1976 Reaffirmed - February 9, 1981 Amended - January 24, 1994 Amended - September 27, 2011 Amended — May 12, 2015 Amended — February 13, 2018 Formerly H-3 im ATTACHMENT E H-4 DORY FISHERMEN'S FLEET It is a general policy of the City of Newport Beach that an area immediately west of the Newport Pier be reserved for the Newport Dory Fishermen's' Fleet ("Dory Fishing Fleet"). The dDory fFishing fFleet, founded in 1891, is a historical landmark designated by the Newport Beach Historical Society. The City Council, in developing an official position with respect to the dDory fFishing fFleet, has examined and evaluated the following: A. The historical significance and relative size of the fishing fleet; B. The desirability of preserving a small area of public beach for commercial dDory fFishing fFleet activity, primarily for catching and selling fish; and C. The responsibility of the City to protect the health, safety and welfare of beach users and swimmers in the vicinity of the dDory fFleet. After considering these factors, the Newport Beach City Council has adopted policy provisions concerning the Dory Fishermen's' Fleet operations. A. The dDory fFishing fFleet zone is delineated by pilings erected by the City and is reserved for full time Dory Fishermen who derive their livelihood from commercial fishing. Dory Fishermen are required to maintain a current commercial fishing license. B. The Dory Fishermen are required to maintain a valid commercial fishing permit for all seafood species they offer for sale to the public. A -.C. All products offered for sale to the public must be locally caught products. ("Local" shall be defined as those products caught in the navigable waters between the United States/Mexico border from the south and Point Conception (34.4486°N, 120.4716° W) to the north.) B -.D. Dory Fishermen will have a current City business license. GE. Dory fishing vessels allowed to be launched and stored on the public beach will be trailered, 25 feet or less in length and a registered commercial fishing vessel.a traditiGRal demi d8G1gR VeGGel D -.F. The dDory fFishing fFleet zone is not to be used as a launching facility for itinerant commercial or sport fishing enterprises. G. The use of vehicles to launch and retrieve boats during the summer months and weekends in the spring and fall when beach use is heavy, will be restricted to the ..; H-4 hours before 11:00 a.m. and after 6:00 p.m. Vehicles and trailers used by the dDory fFleet will be parked in a location and manner prescribed by the Fire Department. F—.H. The dDory fFishing fFleet will be responsible for cleanup and maintenance of the designated dory fleet zone. G-. 1. The City will furnish two water hose bib outlets to be shared by the Dory Fishermen. Electricity will consist of one light switch and one plug switch per shed, with the monthly costs prorated amongst the shed assignees. H -.J. The dDory sheds permitted within the designated boundaries are to be used by the Dory Fishermen only for the storage of equipment and supplies and are not to be used for temporary or permanent housing occupancy. K. There shall be a maximum of 20 dory storage sheds no larger than 101 by 10', with roof ridge heights not to exceed 9 feet. The size, type of construction and architectural style shall be developed with input from the dDory fFleet. J L. The Dory Fishermen will abide by all City ordinances and California Boating Laws in the operation of their vessels near the beach and surf zone where there are swimmers and surfers. Dory vessels will ingress and egress immediately ocean ward of their designated beach zone. K -.M. The dDory fFishing fFleet may designate a spokesperson to represent their concerns and will meet with appropriate City department(s), as designated by the City Manager to resolve conflicts of use and safety problems. Adopted - November 23, 1987 Reaffirmed - January 24, 1994 Amended — September 10, 2002 Amended — February 13, 2018 2 me ATTACHMENT F H-4 DORY FISHERMEN'S FLEET It is a general policy of the City of Newport Beach that an area immediately west of the Newport Pier be reserved for the Newport Dory Fishermen's Fleet ("Dory Fishing Fleet"). The Dory Fishing Fleet, founded in 1891, is a historical landmark designated by the Newport Beach Historical Society. The City Council, in developing an official position with respect to the Dory Fishing Fleet, has examined and evaluated the following: A. The historical significance and relative size of the fishing fleet; B. The desirability of preserving a small area of public beach for commercial Dory Fishing Fleet activity, primarily for catching and selling fish; and C. The responsibility of the City to protect the health, safety and welfare of beach users and swimmers in the vicinity of the Dory Fleet. After considering these factors, the Newport Beach City Council has adopted policy provisions concerning the Dory Fishermen's Fleet operations. A. The Dory Fishing Fleet zone is delineated by pilings erected by the City and is reserved for full time Dory Fishermen who derive their livelihood from commercial fishing. Dory Fishermen are required to maintain a current commercial fishing license. B. The Dory Fishermen are required to maintain a valid commercial fishing permit for all seafood species they offer for sale to the public. C. All products offered for sale to the public must be locally caught products. ("Local" shall be defined as those products caught in the navigable waters between the United States/Mexico border from the south and Point Conception (34.4486°N, 120.4716° W) to the north.) D. Dory Fishermen will have a current City business license. E. Dory fishing vessels allowed to be launched and stored on the public beach will be trailered, 25 feet or less in length and a registered commercial fishing vessel. F. The Dory Fishing Fleet zone is not to be used as a launching facility for itinerant commercial or sport fishing enterprises. G. The use of vehicles to launch and retrieve boats during the summer months and weekends in the spring and fall when beach use is heavy, will be restricted to the 4-10 (IWMA hours before 11:00 a.m. and after 6:00 p.m. Vehicles and trailers used by the Dory Fleet will be parked in a location and manner prescribed by the Fire Department. H. The Dory Fishing Fleet will be responsible for cleanup and maintenance of the designated dory fleet zone. The City will furnish two water hose bib outlets to be shared by the Dory Fishermen. Electricity will consist of one light switch and one plug switch per shed, with the monthly costs prorated amongst the shed assignees. J. The Dory sheds permitted within the designated boundaries are to be used by the Dory Fishermen only for the storage of equipment and supplies and are not to be used for temporary or permanent housing occupancy. K. There shall be a maximum of 20 dory storage sheds no larger than 101 by 10', with roof ridge heights not to exceed 9 feet. The size, type of construction and architectural style shall be developed with input from the Dory Fleet. L. The Dory Fishermen will abide by all City ordinances and California Boating Laws in the operation of their vessels near the beach and surf zone where there are swimmers and surfers. Dory vessels will ingress and egress immediately ocean ward of their designated beach zone. M. The Dory Fishing Fleet may designate a spokesperson to represent their concerns and will meet with appropriate City department(s), as designated by the City Manager to resolve conflicts of use and safety problems. Adopted — November 23, 1987 Reaffirmed — January 24, 1994 Amended — September 10, 2002 Amended — February 13, 2018 09 4-11 ATTACHMENT G H-5 ADMINISTRATION OF THE ROBINSON-SKINNER ANNUITY FOR NEWPORT BAY DREDGING PURPOSE To describe the manner in which the City shall administer funds within the Robinson -Skinner Annuity and to appropriately safeguard the principal within the Annuity so that the purposes of the Annuity are protected. These purposes include the establishment and long-term preservation of a funding source for the regular dredging of Upper Newport Bay and dredging of the Lower Newport Bay so that the City and its watershed partners achieve the goals and directives of the Sediment and Nutrient TMDLs (Total Maximum Daily Loads) adopted for Newport Bay in 1998. POLICY It is the policy of the City Council of the City of Newport Beach to protect the principal within the Robinson -Skinner Annuity by prudently investing the principal in accordance with the City's conservative investment principles and the City's Statement of Investment Policy (Council Policy F-1). It is further the policy of the City Council that it shall follow the terms of the Memorandum of Agreement executed in December 2002 in the implementation and administration of the Annuity. Adopted — November 12, 2002 Reaffirmed — February 13, 2018 4-12 ATTACHMENT H RESOLUTION NO. 2018- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REVISED CITY COUNCIL "H" POLICIES WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, at its August 8, 2017 meeting, the City Council directed the Harbor Commission to review the City Council "H" Policies ("H Policies") for future Council consideration; WHEREAS, the Harbor Commission formed ad hoc committees to review the H Policies with interested parties and present recommendations to the entire Harbor Commission regarding revisions to improve readability and efficiency; WHEREAS, on January 10, 2018, the Harbor Commission approved for submission to City Council revisions to the H Policies, as shown in the revised policies attached to this resolution as Exhibit 1 and incorporated herein by reference, WHEREAS, the Harbor Commission's revisions, among other things, provide clarity, avoid ambiguity and simplify when possible; WHEREAS, the Harbor Commission recommends the City Council revise the H Policies as shown in Exhibit 1; and WHEREAS, the Harbor Commission further recommends the City Council renumber City Council Policy H-3 as City Council Policy B-2 because the policy contemplates action by the City's Recreation and Senior Services Department. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends the H Policies as shown in Exhibit 1. City Council Policy H-3 shall be renumbered as City Council Policy B-2. Section 2: All prior versions of the H Policies that are in conflict with the revisions adopted by this resolution are hereby repealed. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, 4-13 Resolution No. 2018 - Page 2 of 2 sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council finds the adoption of this resolution and the amendment of the specified City Council Policies is not subject to the California Environmental Quality Act ("CEQX) 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. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 13th day of February, 2018. Marshall "Duffy" Duffield Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY RNE 'S OFFICE II Aaron C. Harp City Attorne Attachment: Exhibit 1 — Revised City Council Policies 4-14 H-2 BAY WATER POLLUTION CONTROL The City Council is unalterably opposed to the discharge of any raw sewage, sewage effluent, litter, debris or other wastes into Newport Bay that in any possible way could cause pollution and contamination of the waters of Newport Bay. The Council will utilize information available from other regulatory agencies, such as the Regional Water Quality Control Board, the Orange County Health Care Agency, the U.S. Army Corps of Engineers, and the State Boating and Waterways Division to further improve Bay water quality and meet or exceed California Water -Contact Sports Standards. The Council further urges the County of Orange and any other public and private agencies to take all practical steps to reduce or eliminate sediment flows into Upper Newport Bay during rainy seasons. Adopted - December 21, 1970 Reaffirmed - December 10, 1973 Reaffirmed - November 11, 1974 Reaffirmed- February 9, 1981 Amended - January 24, 1994 Amended — February 13, 2018 4-15 H-4 DORY FISHERMEN'S FLEET It is a general policy of the City of Newport Beach that an area immediately west of the Newport Pier be reserved for the Newport Dory Fishermen's Fleet ("Dory Fishing Fleet"). The Dory Fishing Fleet, founded in 1891, is a historical landmark designated by the Newport Beach Historical Society. The City Council, in developing an official position with respect to the Dory Fishing Fleet, has examined and evaluated the following: A. The historical significance and relative size of the fishing fleet; B. The desirability of preserving a small area of public beach for commercial Dory Fishing Fleet activity, primarily for catching and selling fish; and C. The responsibility of the City to protect the health, safety and welfare of beach users and swimmers in the vicinity of the Dory Fleet. After considering these factors, the Newport Beach City Council has adopted policy provisions concerning the Dory Fishermen's Fleet operations. A. The Dory Fishing Fleet zone is delineated by pilings erected by the City and is reserved for full time Dory Fishermen who derive their livelihood from commercial fishing. Dory Fishermen are required to maintain a current commercial fishing license. B. The Dory Fishermen are required to maintain a valid commercial fishing permit for all seafood species they offer for sale to the public. C. All products offered for sale to the public must be locally caught products. ("Local" shall be defined as those products caught in the navigable waters between the United States/Mexico border from the south and Point Conception (34.44860N, 120.4716° W) to the north.) D. Dory Fishermen will have a current City business license. E. Dory fishing vessels allowed to be launched and stored on the public beach will be trailered, 25 feet or less in length and a registered commercial fishing vessel. F. The Dory Fishing Fleet zone is not to be used as a launching facility for itinerant commercial or sport fishing enterprises. G. The use of vehicles to launch and retrieve boats during the summer months and weekends in the spring and fall when beach use is heavy, will be restricted to the 4-16 H-4 hours before 11:00 a.m. and after 6:00 p.m. Vehicles and trailers used by the Dory Fleet will be parked in a location and manner prescribed by the Fire Department. H. The Dory Fishing Fleet will be responsible for cleanup and maintenance of the designated dory fleet zone. The City will furnish two water hose bib outlets to be shared by the Dory Fishermen. Electricity will consist of one light switch and one plug switch per shed, with the monthly costs prorated amongst the shed assignees. J. The Dory sheds permitted within the designated boundaries are to be used by the Dory Fishermen only for the storage of equipment and supplies and are not to be used for temporary or permanent housing occupancy. K. There shall be a maximum of 20 dory storage sheds no larger than 10' by 10', with roof ridge heights not to exceed 9 feet. The size, type of construction and architectural style shall be developed with input from the Dory Fleet. L. The Dory Fishermen will abide by all City ordinances and California Boating Laws in the operation of their vessels near the beach and surf zone where there are swimmers and surfers. Dory vessels will ingress and egress immediately ocean ward of their designated beach zone. M. The Dory Fishing Fleet may designate a spokesperson to represent their concerns and will meet with appropriate City department(s), as designated by the City Manager to resolve conflicts of use and safety problems. Adopted — November 23, 1987 Reaffirmed — January 24, 1994 Amended — September 10, 2002 Amended — February 13, 2018 4-17 H-5 ADMINISTRATION OF THE ROBINSON-SKINNER ANNUITY FOR NEWPORT BAY DREDGING PURPOSE To describe the manner in which the City shall administer funds within the Robinson -Skinner Annuity and to appropriately safeguard the principal within the Annuity so that the purposes of the Annuity are protected. These purposes include the establishment and long-term preservation of a funding source for the regular dredging of Upper Newport Bay and dredging of the Lower Newport Bay so that the City and its watershed partners achieve the goals and directives of the Sediment and Nutrient TMDLs (Total Maximum Daily Loads) adopted for Newport Bay in 1998. POLICY It is the policy of the City Council of the City of Newport Beach to protect the principal within the Robinson -Skinner Annuity by prudently investing the principal in accordance with the City's conservative investment principles and the City's Statement of Investment Policy (Council Policy F-1). It is further the policy of the City Council that it shall follow the terms of the Memorandum of Agreement executed in December 2002 in the implementation and administration of the Annuity. Adopted — November 12, 2002 Reaffirmed — February 13, 2018 sm IN NEWPORT BEACH SENSITIVE NATURAL/ MARINE AREAS It is the policy of the City Council, through cooperative and mutually supportive endeavors of the City of Newport Beach, County of Orange and the State Fish and Wildlife Department, to preserve and enhance the assets of sensitive natural and marine areas; to create the best possible environments; and to ensure their continued existence. In order to accomplish this goal the Natural Resources staff shall, when possible, schedule and regulate activities in sensitive natural and marine environments. Natural Resources staff assigned to natural/marine areas educate on the rules and regulations for the purpose of conserving these resources for future generations. Adopted - October 26, 1976 Reaffirmed - February 9, 1981 Amended - January 24, 1994 Amended - September 27, 2011 Amended — May 12, 2015 Amended — February 13, 2018 Formerly H-3 4-19