HomeMy WebLinkAboutAgenda - Regular Meeting (5)Staff Members:
Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
Council Liaison:
Nancy Gardner
1) CALL MEETING TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE
Duncan McIntosh
David Girling
4) SPECIAL CEREMONY RECOGNIZING LT. TOM SLAYTON, HARBORMASTER, AND DEPUTY
CARLOS CONTRERAS, MOORING DEPUTY, ON THEIR RETIREMENTS FROM THE ORANGE
COUNTY SHERIFF'S HARBOR PATROL. PUBLIC COMMENTS WELCOME.
5) 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.
6) APPROVAL OF MINUTES from January 9 and February 13, 2013 Regular Meetings
7) CURRENT BUSINESS
1. Commercial Pier at 508 S. Bay Front— Request for a New Permit
The commercial pier at 508 S. Bay Front encroaches in front of the neighbor's property at 510 S.
Bay Front. Per Newport Beach Municipal Code ( "NBMC "), 17.35.020(F), a new permit approved by
This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission's
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 Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes
per person.
It is the intention of the City of Newport Beach 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, the City of
Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available
in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact
the City Clerk's Office 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) 644.3005 or citvclerk(a)newportbeachca.gov.
CITY OF NEWPORT BEACH
HARBOR COMMISSION AGENDA
c4t,,-
Council Chambers — 3300 Newport Blvd.
Wednesday, March 13, 2013 — 6:00 PM
Harbor Commission Members:
Doug West, Chair Brad Avery
Karen Rhyne Paul Blank
Ralph Rodheim
Staff Members:
Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
Council Liaison:
Nancy Gardner
1) CALL MEETING TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE
Duncan McIntosh
David Girling
4) SPECIAL CEREMONY RECOGNIZING LT. TOM SLAYTON, HARBORMASTER, AND DEPUTY
CARLOS CONTRERAS, MOORING DEPUTY, ON THEIR RETIREMENTS FROM THE ORANGE
COUNTY SHERIFF'S HARBOR PATROL. PUBLIC COMMENTS WELCOME.
5) 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.
6) APPROVAL OF MINUTES from January 9 and February 13, 2013 Regular Meetings
7) CURRENT BUSINESS
1. Commercial Pier at 508 S. Bay Front— Request for a New Permit
The commercial pier at 508 S. Bay Front encroaches in front of the neighbor's property at 510 S.
Bay Front. Per Newport Beach Municipal Code ( "NBMC "), 17.35.020(F), a new permit approved by
This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission's
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 Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes
per person.
It is the intention of the City of Newport Beach 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, the City of
Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available
in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact
the City Clerk's Office 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) 644.3005 or citvclerk(a)newportbeachca.gov.
the Harbor Commission shall be required upon a change of ownership of the permittee's property.
The property at 508 S. Bay Front is currently in escrow, and the Buyer is requesting a new permit.
Recommendation:
1. The Harbor Commission may approve a new permit for 508 S. Bay Front for the dock
system in its current configuration, or;
2. The Harbor Commission may deny the permit request for 508 S. Bay Front in its current
configuration, and require the dock system to be confined within the water area defined by
the property line extensions of 508 S. Bay Front only.
2. Alternative Mooring Ideas for Newport Harbor
Marshall Duffield, owner of Duffy Electric Boat Company, will present conceptual ideas for alternate
configurations for Newport Harbor's mooring fields.
Recommendation:
1. Receive and file.
3. Harbor Commission Purpose and Responsibilities - Revisions
In November 2012, the City Council approved the Tidelands Capital Plan which outlines harbor
projects to be completed within the next five years. The Harbor Commission's Purpose and
Responsibilities should be updated to reflect the added component of the Tidelands Capital Plan.
Recommendation:
1. Advise the Harbor Resources Manager to recommend the proposed revisions of the Harbor
Commission's Purpose and Responsibilities to the City Council.
4. Lower Castaways — A Discussion on the Future of this City Owned Property
The Lower Castaways, located on the corner of W. Coast Highway and Dover Drive, is the last City
owned waterfront property in Newport Harbor. The Harbor Commission is initiating the discovery
process which will look at the future of this property, and the various uses which could benefit the
entire community, both from a landside and waterside perspective. The Harbor Commission will
review the comments made at today's Study Session, and will request input from the public during
this discovery process.
Recommendation:
1. Receive and file.
8) SUBCOMMITTEE REPORTS
9) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES
10) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED
ISSUES
11) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH
COUNCIL LIAISON OR HARBOR RESOURCES MANAGER
12) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM)
13) DATE AND TIME FOR NEXT MEETING: Wednesday, April 10, 2013,6:00 PM
14) ADJOURNMENT
NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES
City Council Chambers
Wednesday, January 9, 2013
6:00 p.m.
1) CALL MEETING TO ORDER
The meeting was called to order at 6:00 p.m
2) ROLL CALL
Commissioners: Doug West, Chair
Brad Avery
Paul Blank (arrived late)
David Girling
Duncan McIntosh
Ralph Rodheim
Absent(Excused): Karen Rhyne
Staff Members: Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
Council Liaison: Mayor Nancy Gardner
3) PLEDGE OF ALLEGIANCE — Commissioner Rodheim
4) PUBLIC COMMENTS
Chair West invited those interested in addressing the Commission on agenda or non - agenda items to do so
at this time.
Jim Mosher reported on recent Council actions regarding restricting public comments to three minutes
instead of five minutes. He stated that Coastal Commission limitations were cited as an example and felt
that neither Council nor the Harbor Commission has the large number of public comments usually heard by
the Coastal Commission so that the comparison was irrelevant. He opined that there would be no problem
in requiring a five - minute limit for public comments.
There being no others wishing to address the Commission, Chair West closed the Public Comments portion
of the meeting.
5) APPROVAL OF MINUTES from November 14, 2012
Motion: Commissioner Blank made a motion to approve the minutes of the Harbor Commission regular
meeting of November 14, 2012, as submitted. Commissioner Rodheim seconded the motion, which carried
with 6 ayes and 1 absent (Rhyne). Approved.
6) CURRENT BUSINESS
1. Eelgrass in Newport Harbor
Mike Josselyn Ph.D., WRA Environmental Consultants, will give a presentation on eelgrass in
Newport Harbor. In addition, the City's proposed Newport specific plan for managing eelgrass will
be discussed.
Chair West introduced the item and deferred to Dr. Michael Josselyn for a presentation
Mr. Miller added that Dr. Josselyn has worked with the City; Harbor Resources and the City Attorney's office
for several years and has been instrumental as the biologist who has been the backbone of the plan
development. He addressed the importance of presenting the proposed draft document noting that the City
is at the cusp of finishing its negotiations with several agencies and gearing up for a meeting at the end of
January for a more -clear direction on the matter. He expressed his appreciation to Dr. Josselyn for his work.
Dr. Josselyn reported on his background and research and his experience working with WRA Professional
Consultants. He presented information regarding eelgrass noting that it is very sensitive to light availability
and initiates its growth during the spring. He reported that it is widely found throughout the State of
California and addressed its light requirements and noted that there are deep and shallow water forms of
eelgrass. Dr. Josselyn noted that eelgrass is protected by the National Marine Fishery Service as an
essential fish habitat, stabilizes bottom sediments and is a unique and limited habitat type in California
coastal areas.
He presented a map of areas where eelgrass exists in Southern California and specifically, in Newport
Harbor. He addressed the current Southern California Eelgrass Mitigation Policy as well as the Proposed
California Eelgrass Mitigation Policy. He noted that both are individual - project based but that the latter
allows for regional approaches, if approved. He added that at a recent meeting with the National Marine
Fishery Service, representatives indicated that the Newport Beach plan would be one of the first that could
qualify as one of the exceptions from an individual project; and would be a bay -wide project that the City
could put into place.
Dr. Josselyn addressed conflicts with small dock dredging, efforts by the City to protect eelgrass and noted
that the Newport Beach plan is consistent with Ecosystem Based Management. In addition, he presented
the goals of the Eelgrass Protection and Mitigation Plan, eelgrass management thresholds, actions within
each threshold tiers, eelgrass establishment methods and other best management practices. Dr. Josselyn
addressed initial measures at the start of the program and the status of the plan.
Discussion followed regarding the existence of eelgrass in most coastal states within the country, effects of
water temperature on eelgrass and the historical existence of eelgrass. It was noted that it only grows in salt
water.
Ensuing discussion followed regarding mandating City donations by Coast Keepers.
Harbor Resources Manager Chris Miller reported that Coast Keepers is working on eelgrass mitigation in
Newport Harbor and donations don't necessarily have to go to Coast Keepers, but could go to other groups.
Discussion followed regarding stable and transition zones within the harbor and it was noted that the terms
were developed for the harbor, although most harbors have such zones.
It was noted that the City's plan focuses on shallow water eelgrass. Dr. Josselyn reported that the harbor
should be looked at, as a whole but that the National Marine Fishery Service wanted it applied up to the pier
head /bulkhead line. He added that the plan would not affect the Upper Bay and would be applicable to the
Lower Bay. Coast Keepers is working on the Upper Bay.
In response to an inquiry from the Commission, Dr. Josselyn explained methods used in measure the
acreage in the harbor. He noted that diver surveys are usually the most accurate and reported that other
techniques are becoming readily available.
Discussion followed the number of docks that could be dredged and Mr. Miller reported that yearly acreage
allowed would be enough to cover a lot of residences. Ensuing discussion followed regarding options
available for homeowners for mitigating eelgrass and possible liability to the City if the eelgrass cannot be
maintained.
2
Mr. Miller reported on surveys conducted and upcoming and noted that as the City builds up additional
surveys and establishes an average it can monitor its growth and make determinations regarding the amount
of dredging to be done. He added that within the first two years of a project, the City will be able to impact
an acre and a half per year (three acres in the first two years). He noted that this is a proposed draft project
that has been conceptually approved by the Water Board and the Corps of Engineers. There is additional
work to be done in order to obtain approval through the agencies. As more agencies express their support, it
will be less challenging to obtain approval from remaining agencies. He noted an upcoming meeting with the
National Marine Fishery Service.
Chair West commented positively on the plan and stated that as soon as it is approved, a strategy should be
developed on how to communicate and continue public outreach and education.
Interested parties were invited to address the Commission on this item.
Len Bose wondered regarding purchasing the seeders and Dr. Josselyn reported that they can be found on
the National Marine Fishery Service website.
Lisa Miller commented on the pros and cons of the seeders and noted the need to meet Building Code
requirements relative to the location. She agreed with placing seeders on piers and ramps, but not on
flotation.
There being no others wishing to address the Commission, Chair West closed public comments for this item.
Chair West expressed his appreciation to Dr. Josselyn and the item was received and filed.
2. Regional General Permit (RGP -54) —A Recommended Approach for 2014
The Harbor Commission's Dredging Subcommittee will discuss the City's Regional General Permit
and recommend an approach for Council to consider for the new permit in 2014.
Chair West introduced the item, noting that time is of the essence in moving the item forward. He reported
that the Commission thoroughly discussed the recommended approach to the revised and new RGP -54.
Mr. Miller presented details of the current RGP -54 provisions compared with the proposed 2014 RGP -54
provisions including annual maximum volume, individual project volume limits, maximum dredge depth,
sediment testing, eelgrass, structures, application review, shading, water quality monitoring, applicable
users, disposal, State Land Commission dredging lease and fee structure.
Chair West noted the importance of understanding that this is a conceptual framework for the intended
approach to the agencies in the design of the next RGP -54 and is not assured at this point.
Interested parties were invited to address the Commission. There was no response and Chair West closed
public comments for this item.
Motion: Commissioner McIntosh made a motion to advise the Harbor Resources Manager to proceed with
a Council recommendation for "Option 1" for the upcoming Regional General Permit which includes
additional features not included in the current permit and including previous changes regarding structures
meeting the California Building Code standards. The sediment testing and permitting costs would also be
funded by the City. Commissioner Avery seconded the motion, which carried with 6 ayes and 1 absent
(Rhyne). Approved.
3. Virgin Oceanic Mooring in Newport Harbor — Yearly Review
The Harbor Commission will conduct the annual review of the vessel Cheyenne's mooring in
Newport Harbor.
Mr. Miller introduced the aforementioned item and addressed previous review by the Commission and an
agreement that the Cheyenne would remain but would pay the full 2012 mooring fees. The discussion at the
time was to return with the item to review the matter. He addressed the previous as well as the current
location of the Cheyenne and recommendations.
Brief discussion followed regarding the new boundary lines for the F mooring area and the D mooring field.
Chris Welsh, Cheyenne pilot, addressed the number of days the vessel has been in the water and
subsequent dives as well as mechanical issues resolved. He reported on upcoming goals including diving
the Puerto Rican trench. He reported agreement with the current location of the vessel and stated that most
likely they will be headed for Puerto Rico within the next five -to -six months. He addressed current goals and
noted there will be a lot of diving in the future.
Chair West commented on the location of the mooring.
Discussion followed regarding reviewing the matter again prior to Mr. Welsh's team departure.
Mr. Welsh reported that he will keep in communication with staff and the Commission with updates.
Discussion followed regarding extending or shortening the mooring and charging mooring fees only while the
vessel is in the harbor. It was noted that this is not a permanent mooring and that Mr. Welsh owns his own
tackle. The item will be reviewed annually.
Mr. Miller noted that Mr. Welsh would like to have Newport Harbor as the vessel's home base. But that
updates will be presented as necessary.
Interested parties were invited to address the Commission. There was no response and Chair West closed
public comments for this item.
The report was received and filed.
7) SUBCOMMITTEE REPORTS
It was reported that the Overhang Sub - committee met once, has not met recently, but will meet next month.
Commissioner Blank presented a brief report addressing the Commission objective regarding collaboration
with Visit Newport Beach relative to making the City "boater- friendly ". He reported that the Sub - Committee
met with Gary Sherwin of Visit Newport Beach and reviewed the Commission's interest in a SWOT analysis
and discussed opportunities for promoting the harbor as a great destination for visiting boaters.
Commissioner Blank reported discussing specific strategies for increasing the number of visiting vessels,
improving visitor experience and supporting businesses that serve visiting boaters. Discussion also occurred
regarding distribution of the cruising guide, collaboration with area restaurants and other attractions and
considering the destination vision of "welcome" and next steps to engage the Harbor Master and his staff to
assess their role in the Newport experience. He announced an upcoming meeting with Harbor Master Tom
Slayton, to initiate discussions.
Regarding improvements to public docks, Commission Blank reported ongoing efforts and the arrangement
of a number of ride - alongs with the Harbor Patrol. He added that an update will be provided to the
Commission in February.
Chair West thanked Commissioner Blank for initiating the ride -along opportunity with the Harbor Patrol.
Interested parties were invited to address the Commission.
John Corrough commented on the promotion of the harbor and sustaining the marine industry in the
community. He felt there should be a mechanism for promoting the harbor other than the Chamber of
Commerce.
It was noted that the Chamber will continue promoting marine industries but will minimize their focus to
business development. Visit Newport is involved as well and is doing a great job.
Discussion followed regarding the willingness of Visit Newport to help with the City.
There being no others wishing to address the Commission, Chair West closed public comments for this item.
8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES
Councilmember Gardner reported that the Tidelands Management Committee will meet next Wednesday at
4:00 p.m. and addressed the issues to be discussed.
In addition, she announced that this Saturday at 11:30 a.m. at the Oasis, Council will hold its goal- setting
meeting and noted that one of the issues to be discussed is whether Commissions should have Council
liaisons.
9) HARBOR RESOURCES UPDATE —Receive and File
Mr. Miller presented a brief update on the City's dredging project and stated that the project should be
completed by the end of the month.
Harbor Resources Supervisor Shannon Levin reported on the replacement of all five City -owned pump -outs.
She reported that the project should be completed by the end of March.
Brief discussion followed regarding the location of the five pump -outs.
Mr. Miller reported that user fees will be discussed at the upcoming Tidelands Management Committee.
10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR HARBOR RESOURCES UPDATE
Leddy Chang presented a brief update on the status of paddle boarding in the harbor and distributed copies
of a draft document entitled, "Stand Up Paddle Boarding Instructional and Safety Techniques ".
11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM)
Members of the Commission commended the Harbor Patrol and Visit Newport for their efforts during the
Christmas Boat Parade.
Chair West referenced a meeting where discussion occurred regarding offshore docking and noted that he
would like adding an item on the agenda for a presentation at the Commission's February meeting. He
requested that Commissioner Avery take the lead on the item, since he will not be at the February meeting
and reported that Mr. Duffy will make the presentation.
12) DATE AND TIME FOR NEXT MEETING:
Wednesday, February 13, 2013
13) ADJOURNMENT
There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:05
p.m.
aEwvoRr
CITY OF
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NEWPORT BEACH
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Harbor Commission Staff Report Agenda Item No. 1
March 13, 2013
TO:
HARBOR COMMISSION
FROM:
Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
TITLE:
Commercial Pier at 508 S. Bay Front — Request for a New Permit
ABSTRACT:
The commercial pier at 508 S. Bay Front encroaches in front of the neighbor's property at 510
S. Bay Front. Per Newport Beach Municipal Code ( "NBMC ") 17.35.020(F), a new permit
approved by the Harbor Commission shall be required upon a change of ownership of the
permittee's property. The property at 508 S. Bay Front is currently in escrow, and the Buyer is
requesting a new permit.
RECOMMENDATION:
The Harbor Commission may approve a new permit for 508 S. Bay Front for the dock
system in its current configuration, or;
2. The Harbor Commission may deny the permit request for 508 S. Bay Front in its current
configuration, and require the dock system to be confined within the water area defined
by the property line extensions of 508 S. Bay Front only.
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 ( "CEQK) 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.
Commercial Pier at 508 S. Bay Front — Request for a New Permit
March 13, 2013
Page 2
DISCUSSION
1. The pier at 508 S. Bay Front ( "Pier ") is in the name "Vivian M. Vallely Trust."
2. The properties at 508 and 510 S. Bay Front are located on Balboa Island, Section 1,
Block 9, Lots 5 and 6 respectively.
3. 508 S. Bay Front is zoned "Mixed Use Water Related." Therefore, the Pier is considered
a commercial pier.
4. Vallely purchased the commercially zoned property at 508 S. Bay Front in the mid
1930's. A pier permit was issued by the War Department on April 27, 1936, per John
Vallely.
5. In the mid 1930's, 510 S. Bay Front was commercially zoned, per John Vallely.
6. In 1938, Vallely obtained a letter of approval from Santee, owner of 510 S. Bay Front, to
"install floats and pilings directly in front of my property Lot 6, Block 9, Balboa Island." A
May 7, 1949 letter of substantiation is signed by Santee and notarized, per John Vallely.
7. On July 18, 1938, the City Council approved Vallely's request to "install a float fronting
on Lot 6, Block 9, Section 1, Balboa Island." (Attachment C)
8. On December 27, 1966, the City Council approved a harbor permit application for 508 S.
Bay Front after reviewing a Public Works memorandum regarding maintaining an
existing float bayward of Lots 5 and 6. (Attachment D)
9. NBMC 17.35.020(F)
a. "Encroaching Piers and Floats. In areas where existing piers and floats encroach
in front of abutting upland property owned by others, a new permit approved by
the Harbor Commission shall be required upon:
i. Any change in type of existing use of the piers and floats;
ii. Any change in type of existing use of the abutting upland property owned
by the permittee;
iii. Any change of existing ownership of the abutting upland property owned
by the permittee or upon death of the permittee;
iv. Any destruction of the pier and float in which over sixty (60) percent of the
replacement value of the pier and float has been destroyed.
Before the Harbor Commission acts on the new permit, the owner of the abutting
upland property, in front of which the harbor facility encroaches, shall be notified
in writing of the meeting in which the new permit will be considered."
Commercial Pier at 508 S. Bay Front — Request for a New Permit
March 13, 2013
Page 3
10. Vivian Vallely passed in 2012. Staff determined that the pier was in the Trust's name
(not the person Vivian Vallely), so the requirement of a new, Harbor Commission
approved permit was not required at the time of her passing. However, a change in
ownership is currently in process, therefore the Harbor Commission must now act.
11. A letter dated March 5, 2013 was sent to 510 S. Bay Front notifying the owner of the
Harbor Commission meeting. (Attachment E.)
12. NBMC 17.35.060(A) — Balboa Island — Noncommercial Piers
a. "No new noncommercial piers on Balboa Island shall be approved unless
determined by the Harbor Resources Division and Harbor Commission to be in
the public interest."
i. This means that 510 S. Bay Front may not build a pier.
13. Views are not protected in the City.
14. NBMC 17.35.020(B)(2) &(3) —Setbacks.
a. "All piers and slips for commercial properties may extend to, but not past, the
prolongation of the property line."
b. "The prolongation of the property line bayward of the same bearing from the
bulkhead shall generally be used in determining the allowable setbacks for piers
and slips."
i. Commercial piers, such as at 508 S. Bay Front, are allowed to build their
piers to the property lines, as opposed to residential piers which must
maintain a 5' setback.
15. NBMC 17.35.020(A)(1) &(10)— Piers
a. "No permits will be granted to persons other than the owners or long -term lessee
of the abutting upland properties."
i. This establishes the right for a pier at 508 S. Bay Front.
Commercial Pier at 508 S. Bay Front — Request for a New Permit
March 13, 2013
Page 4
b. "Permits maybe granted for joint ownership piers at the prolongation of common
lot lines. The permit forjoint ownership piers shall provide that all parties shall
have equal rights under the permit and shall be held jointly responsible for
compliance with all rules, regulations, and conditions set forth in the permit."
Many piers on Balboa Island and elsewhere are shared by two or more
properties if the pier extends across the joint property line. The Pier at
508 S. Bay Front is not shared with 510 S. Bay Front.
16. On February 25, 2013, the Buyer's Agent requested that they be placed on the March
13, 2013 Harbor Commission agenda. The Buyer is Mr. Terry Causey.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Submitted by:
4Y
Chris Miller
Attachment: A. Vicinity Map
B. Aerial of 508 and 510 S. Bay Front
C. City Council Minutes from July 18, 1938
D. City Council Minutes from December 27, 1966
E. Harbor Commission Notification Letter to 510 S. Bay Front
Vicinity Map
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115
Newport Beach, July 18, 1936.
•
The City Council of the City of Newport Beach met in regular adjourned
session In the City Covell Chambers at the City Nall in the City of Newport Reach
at 7:30 P. M. on above date, with Mayor Williamson presiding.
Roll
The roll was called, the following Councilmen answering present; Gordon,Clalre,
Whitson, Brown, Williamson. Absent, Councilmen None.
REPORTS OF SPECIAL COMYITTEES Mon$.
REPORTS OF STANDING COM'?ITTEES None.
COMMUNICATIONS
The application of Harper's Radio Public Address System for permission to
Resper's
operate from a barge in the Bay a musical program each afternoon and evening up to
mu >ical
9 P. M. from July 29th to August 27th, was presented and discussed, and on motion of
program.
Councilman Whitson, seconded by Councilman Brown and carried, same was allowed
subject to cancellation within five days.
The application_of Ivanhoe Pleas for a. license for a retail bread route, was
I.Pieasp
on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed
bakery rout,
d
subject to such restrictions as are embodied in Ordinance No. 471.
The application of Arden Fame Inc., for licensee for four retail and one
Arden Farms
wholesale milk trucks, was on motion of Councilman Claire, seconded by Councilman
milk trucks
Whitson and carried, allowed subject to the restrictions as are embodied in Ordinance
•
No. 471.
The application of the Pomegranate Dairy for a retail Hairy products truck,
Pomegxanta
was on motion of Councilman Claire, eeconded.by Councilman Whitson and carried, allowed
Dairy.Milk
subject to the restrictions embodied in Ordinance No. 471.
trucks
The application of the Davis Bread Co. for a license to operate a retail
bread truck, sea on motion of Councilman Claire, secoffied by Councilman Whitson and
Davis Bread
carried, allowed subject to the restrictions embodied in Ordinance No. 471,
bakery truo�
The application of Wm. A. and Ellen Donaldson for a license to conduct a
lunch stand at Coast Highway, was on motion of Councilman Claire, seconded by
W.A.DOnald-
Councilman Gordon and carried, allowed subject to the approval of the Health Officer.
son. lunch
The application of the Allison Coffee Co. sea on motion of Councilman Claire,
Allison
seconded by Councilman Gordon and carried, allowed subject tothe restrictions embodied
Coffee
in Ordinance No. 471.
The application, together with affidavit, of D. B. Swope for a license to
D.B.Swope
peddle home grown products, wee an motion of Councilman Claire, seconded by Councilman
peddling
Gordon and carried, allowed.
The applications of Arthur Sohweizer and Frank E. Wierman for veteran's
Peddling
emempt licenses to peddle fruits and vegetables, were on motion of Councilman Claire,
seconded by Councilmaa Gordon and carried, Laid on the Table.
_ Frank Saunders, representing Frank Andrews, in connection with a hearing set
Frank Andre
for this date regarding the alledged non - compliance of the permit granted for the
ier
construction of a pier and float fronting on the letter's property. Mr. Saunders aedreseeff,
the Council concerning the matter and after considerable discussion it was moved by
Councilman Claire, seconded by Councilman Gordon and carried that the Committee appointed
by the Mayor to study the pier situation also report on the one in question, meanwhile
It was recommended that Mr. Andrews tie his boat up temporarily.
The letter from the Secretary of the Pacific Coast Ass aciation of Fire
Fire Chief':
Chiefs requesting the Council to authorised the Fire Chief's attendance at the annual
conference
Conference in Salt Lake City in September, was on motion of Councilman Claire, seconded
by Councilman Gordon and carried, ordered filed.
A Mr. Walker, representing Lester Rees a local ice distributor, addressed
Lester Rees
the Council protesting the City ordinance effecting that type of business. City
protest
Attorney Thompson called attention to similar ordinances in vogue elsewhere and
particularly in Bakersfield. Much discussion was had concerning the matter but no
action was taken.
The letter of Florence Mead of Balboa Island protesting the dog ordinance
F.Mead
requirements was presented and on motion of Councilman Gordon, seconded by Councilman
protest
Brown and carried, same was ordered filed.
The letter of Mr.. Sarah Sine of Corona del Mar regarding the oiling of
0iling let
First Avenue, nee presented, and on motion of Councilman Claire, seconded by Councilman
Avenue.
•
Brown, and_carrled, same was referred to the City Engineer.
The request of A. S. Richardson for permission to perk boat trailers during
A.S.Richard
the Regatta in the area adjoining hie boat anohorage at the east end of Balboa Island,
son. Boat
was presented, and on motion of Councilman.Claire, seconded by Councilman Whitson and
trailers
carried, the City Clerk was instructed to notify the applicant that zoning restrictions
would not permit same.
The request of Water Superintendent Patterson for approval of certain water
Approving
credits due to =collectable bills and adjustments on charges in the sum of $24.97,
water
was on motion of Councilman Claire, seconded by Councilman Whitson and carried, allowed.
credits
The reggeet of Ralph P. Maskey in connection with the improving of Lake
Avenue to 30th St; the opening of Marcus Avenue to Newport Blvd; changing the
Improvement:
present bridge from 36th Street to 38th Street; a more adequate lighting system,
!lest Newpom
togetherwith the dredging of the channels, was presented, and on motion of Couno ilmen
Claire, seconded by Councilman Whitson and carried, the City Engineer was Instructed
to prepare an estimate as to the cost of Marcus Avenue and present same to the
Planning Commission.
Townsend
The letter from the President and Secretary of the Townsend Club, thanking
Club
the City for its cooperation in connection with the Townsend Fish Fry held on June
tbahks
24th, was presented, and on motion of Councilman Claire, seconded by Councilman
Gordon and carried, same was ordered filed.
The letter of Harry Welch, Secretary of the Chamber of Commeroe, euggestirg
h.Weloh
'
that the Ocean Front walk be divided in order that one aide be allowed for bicycle
bicycles on
riders, was presented, and on motion of Councilman Claire, seconded by Councilman
sidewalk
Gordon and carried, same was referred to the Chief of Police and Police Committee.
•
The application of Mrs. Sarah Mallard for a permit to construct a pier
Sarah
and float fronting on Lot 15, Black 441, Canal Section, having been approved by the
Mallard
City Engineer, was on motion of Couno ilman Claire, seconded by Councilman Gordon
pier permit
and carried, allowed.
HE
Frank Scott
pier & float
D.S.Maurice
mooring
pilings
C.T.Long
pier permit
Roland Oallely
float
E.J.Power
protest
Ruth Jordon
barge & anchor
piling.
H.E.hendali
barge & anchor
piling.
May M.Blumer
steps over
seawall
D.R.Furse
steps over
seawall
J.A.Beek
bond
Ord. No.474
Franchise to
J.A.Beek
The application of Frank Scott for permission to construct a pier and
float fronting on a portion of Lot H, Tract 919, having been approved by the
City Engineer, was on motion of Councilman Claire, seconded by Councilmen Brown
•
and carried, allowed.
UNFINISHED BUSINESS
'
The application of D. B. Maurice for permission to set two mooring
pilings in connection with an existing pier having been approved by the City
Engineer, was on motion of Councilman Gordon, seconded by Councilman Claire
and carried, allowed.
The application of Carl T. Long for permission to construct a pier
fronting on Lot 1, Block 1, Tract 742, having been approved by the City Engineer,
was on motion of Councilman Claire, seconded by Councilman Gordon and carried,
allowed.
Vallely for to
1The request of Roland a float pervisal
fronting ion together with
6.Bl with the approval
Lot 6, Block 91 Section 1, Balboa Island,
aIsland,
ne
of the owner of the property, was prevented, and upon approval of the City
approval
was moved by Councilman Claire, seconded by Councilman Whitson
and carried,
and carried, that same be allowed.]
The letter of Edward J. Power of 112 Opal Ave., Balboa Island; protest-
ing the granting of a permit to Roland Vallely for a float fronting on Lot 6,
-
Block 9, Section 1, Balboa Island, was on motion of Councilman Brown, seconded
by Councilman Whitson and carried, ordered filed.
The application of Ruth Jorddn for permission to place a barge and
anchor piling in front of an existing pier fronting on Lot 15, Block 5, section
5, Balboa Island, having been withdrawn, was on motion of Councilman Claire,
seconded by Councilman Gordon and carried, ordered filed.
•
The application of Henry E. Eendall for permission to construct a
barge and two anchor piling fronting an Lot 5, Block 21 Section 2, Balboa
Island, was on motion Of Councilman Claire, seconded by Councilman Gordon
and carried, referred to the Committee appointed to investigate the pier
situation on Balboa Island.
The application of May M. Blamer for permission to construct a
'
platform and steps over the seawall on the Grand Canal and fronting on Lot
20, Block 1, Section 5, Balboa Island, was on motion of Councilman Claire,
seconded by Councilman Whitson. and carried, allowed subject to the approval
of the City Engineer and in accordance with plane for such construction to
be adopted.
The application of Dudley R. Fuzee for permission to construct a
platform and steps over the seawall- on the Grand Canal and fronting on Lot
2, Tract 742, Balboa Island, was on motion of Councilman Gordon, seconded by
Councilman Brown and carried, allowed subject to the approval of the City
Engineer and in accordance with plane to be adopted for such construction.
Ordinance No. 474 came up for final passage and on motion of Councilman
Claire, seconded by Councilman Whitson and carried, the reading of same was waived.
The bond submitted by J. A. Beek, the successful bidder for the ferry
franchise, having been approved by the City Attorney, was on motion of Councilman
Claire, seconded by Cou�oilmaa Whitson and carried, accepted.
Ordinance No. 474, AN ORDINANCE OF THE CITY OF NEWPORT BEACH CHANTING
TO J. A. BEEF, A FRANCETSE FOR CERTAIN PURPOSES WITHIN THE SAID CITY OF NEWPORT
BEACH.
WHEREAS, application was duly filed with the City Council of the City
of Newport Beach by J. A. Beek, for a franchise to conduct and operate a ferry
for the hauling of passengers, freight and automobiles between certain paints
in the City of Newport Beach; and.
WHEREAS, notice of the sale of said franchise was duly and regularly
publihhed in the manner and for the time provided by law, all of which will
more fully appear by the records and files in this matter; and
WHEREAS, at the time in said published notice specified, one J. A.
Beek, was the sole, only and highest bidder for said franchise; and
'
WHEREAS, the said franchise for the price bid was duly struck off
and awarded to J. A. Beek and within the time provided by law, the said J. A.
Beek duly caused to be executed and filed with the Clerk of the City Council
of the City of Newport Beach, the bond required by law, and by said notice, in
the penal am of $1000.00, which bond has been and is approved.
NOW, THEREFORE, the City Council of the City of Newport Beach does
•
ordain as follows: -
SECTION 1.
erfi�Ta hereby granted to J. A. Beek and to his assigns, for the
period and term of twenty -five (25) years, from and after the date of the
passage of this ordinance, &,franchise to maintain, conduct and operate a
ferry boat or boats for the transportation of passengers, express matter, vehicles
and frelgbt, from the Northerly end of Palm Street on the mainland, across portions
of Newport Bay, to the southerly end of Agate Avenue and points on Balboa Island,
all within the City of Newport Beach, Orange County, California.
-
Section 2.
e7ii iioT� of this franchise at all times during the existence thereof,
shall keep and maintain sufficient, safe and adequate landings for the operation
of a ferry boat or boats, and shall at all times maintain and operate safe and
adequate ferry boats, sufficient to provide all the reasonable and necessary
transportation of persons, express matter, vehicles and freight to and from the
mainland and Balboa Island In said city.
The holder of this franchise shall not adopt or enforce in the operation
of the franchise any rate of charges or regulations which shall or does discriminate
in favor of one patron over another patron using the ferry boat or boats.
'
•
CITY OF NEWPORT BEACH
Volume 20 - Page 157
Minutes of REGULAR MEETING OF THE CITY COUNCIL
Date of Meeting: December 27, 1966
Time of Meeting: 7:30 P. M.
index Place of MPeHna• Cnnnril C.hamhPrs
.4
Mrs re
R -6469
vacatiq
por Cc(
Front
CA-14
R -6464
CA -38
R -6485
Hr8 Wei
V
Aba teas
protes
CA-11
COUNCILMEN
A �
m ovmo�or�
Roll Call:
Present
x
x
x
x
x'
Absent
x
x
The reading of the Minutes of the Regular Meeting of
Motion
x
December 12, 1966 was waived, and said Minutes were
Ayes
X
x
x
x
x
approved as written and ordered filed.
Absent
x
x
HEARINGS:
1. Mayor Pro Tem Marshall opened the public hearing in
accordance with Resolution No. 6469, being a Resolu-
tion of Intention of the City Council of the City of
)n
Newport Beach declaring its intention to order the
closing up, vacation and abandonment of a portion of a
certain street known as Ocean Front.
No one desired to be heard.
The hearing was closed.
Motion
x
Ayes
x
x
x
Absent
x
x
With the unanimous consent of the Council, Mayor Pro
Tem Marshall stated that the further reading of the
resolution was waived.
Resolution No. 6484, ordering the vacation, closing up
Motion
x
and abandonment of a portion of a certain street known
Roll Call:
as Ocean Front, was adopted.
Ayes
x
x
x
x
x
Absent
x
x
Resolution No. 6485, accepting a Grant Deed from
Motion
x
Juanita Denni, was adopted.
Roll Call: .
Ayes
x
x
x
Absent
x
�d
2. Mayor Pro Tem Marshall opened the public hearing for
protests to the 1965 -66 Weed Abatement Program
(Autumn 1966), under the provisions of Resolution
is
No. 6420, and the Council considered the Report of
the Superintendent of Streets dated December 8, 1966,
copy of which had been posted for more than three
days on the bulletin board of City Hall.
The above - mentioned report from the Superintendent
of Streets on the cost of weed abatement in certain
localities in the City, in accordance with Resolution
No. 6420 and Chapter 10. 48 of the Municipal Code,
with attached assessment list, was presented with a
memorandum from the Public Works Director dated
December 27, 1966.
No one desired to be• heard.
The hearing was closed.
Motion
x
Ayes
xxx
x
x
ATTEST:
Absent
x
x
Mayor ro mpore
Pag
e
A tink City Clerk
CITY OF NEWPORT BEACH
Volume 20 - Page 164
Index December 27, 1966
�
11. A memorandum was presented from the City Attorney
Sale of
dated December 21, 1966 regarding sale of South
South
Coast property to Anthony Pools, Inc.
Coast
prop to
Anthony
A resolution finding certain City -owned water front
Pools,
not suitable for use as a public beach or park and a
Inc p
resolution authorizing the execution of a Grant Deed to
Anthony Pools, Inc. were presented.
CA-38
Mayor. Pro Tem Marshall stated that it would require
six affirmative votes of the City Council to adopt the
first - mentioned resolution.
The matter was diaried for January 9, 1967.
Motion
Ayes
Absent
Qardener
12. A memorandum was presented from the City Manager
•
datei4 December 23, 1966 relative to reclassification
Recllass,
of one Groundsman Gardener to one Senior Groundsman
Gardener.
CA -45
The Table of Authorization was amended to add one
Motion
Senior Groundsman Gardener and to delete one
Ayes
Groundsman Gardener, effective December 31, 1966.
Absent
APPLICATIONS FOR HARBOR PERMIT:
19arb
1. A memorandum was presented from the Public Works
Perm
Director dated December 27, 1966 regarding Harbor
InIlelLgy
Permit Application No. A -1484 of Roland F. Vallely
to maintain an existing pier and floats bayward of
A-1484
Lots 5 and 6, Block 9, Section One, Balboa Island
(508 and 510 South Bay Front).
CA-130
Harbor Permit Application No. 1484 was approved,
Motion
•
and the harbor permit application fees were waived
by Public
Ayes
as recommended the Works Director.
Absent
COMMUNICATIONS - REFERRAL:
Refund
1. A letter dated December 19, 1966 from the California
to Calif
Bench Company requesting a refund of the unused
Bench Co
portion of its City license for outdoor advertising
llic fees
benches on private property was presented.
The staff was authorized to refund unused portion of
Motion
CA =63
license fee from November 20, 1966 to June 30, 1967
Ayes
to the California Bench Company.
Absent
ATTEST:
Mayor Pro Tempore
Acting City Clery
Page 164
COUNCILMEN
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Harbor Resources
March 5, 2013
Sent via regular First Class Mail and Registered Mail
Law Offices of Christopher Barnette
501 West Broadway, STE 800
San Diego, CA 92101
RE: Notice of Harbor Commission Meeting — 508 S. Bay Front
Dear Mr. Barnette,
Pursuant to Newport Beach Municipal Code 17.35.020.F, this is a written notice
informing you that the pier at 508 S. Bay Front will be discussed at the next Harbor
Commission on:
Wednesday, March 13, 2013
6:00 PM
"Old" City Council Chambers
3300 Newport Blvd.
Newport Beach, CA 92663
As you know, the current pier at 508 S. Bay Front encroaches in front of the abutting
upland property owned by your client at 510 S. Bay Front. Per the Code, a new permit
shall be approved by the Harbor Commission upon a number of conditions, one of which
is "any change of existing ownership of the abutting upland property owned by the
permittee..." The permittee at 508 S. Bay Front is currently in the process of selling the
property.
You are welcome to attend the Harbor Commission meeting to provide comments. The
Harbor Commission agenda and staff report will be posted by Friday, March 8, 2013
here: http:// www .newportbeachca.gov /index.aspx ?page =462
Please feel free to contact me if you have any questions.
Thank you,
fill
Chris Miller
Harbor Resources Manager
(949) 644 -3043
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644 -3034 FX; (949) 723 -0589 • www. newportbeachca .gov /harborresources
aEWPORr == CITY OF
NEWPORT BEACH
90 Harbor Commission Staff Repo
TO:
HARBOR COMMISSION
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
TITLE: Alternate Mooring Ideas for Newport Harbor
ABSTRACT:
rt Agenda Item No. 2
March 13, 2013
Marshall Duffield, owner of Duffy Electric Boat Company, will present conceptual ideas for
alternate configurations for Newport Harbor's mooring fields.
RECOMMENDATION:
1. 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 ( "CEQK) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Submitted by:
c1h,yV110/
Chris Miller
oaEWPORr CITY OF
�cM P NEWPORT REACH
,,FoaN Harbor Commission Staff Repo
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
rt Agenda Item No. 3
March 13, 2013
TITLE: Harbor Commission Purpose and Responsibilities — Revisions
ABSTRACT:
In November 2012, the City Council approved the Tidelands Capital Plan which outlines harbor
projects to be completed within the next five years. The Harbor Commission's Purpose and
Responsibilities should be updated to reflect the added component of the Tidelands Capital
Plan.
1. Advise the Harbor Resources Manager to recommend the proposed revisions of the
Harbor Commission's Purpose and Responsibilities to the City Council.
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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Submitted by: C/ r I !h� �k y ,{ /% %J 1
Chris Miller
Attachment: A. Revised Harbor Commission Purpose and Responsibilities
HARBOR COMMISSION
AUTHORIZATION:
Established by Ordinance 2001 -25, adopted on January 8, 2002.
MEMBERSHIP:
Seven (7) members appointed by the City Council pursuant to Section 702 of the
City Charter. In no event will individual appointments to the Harbor Commission
exceed two (2) consecutive full terms, exclusive of appointments to fill unexpired
terms.
TERM:
Each member shall serve a term of four (4) years and such terms shall be on a
staggered basis, pursuant to Section 702 of the City Charter, with terms
beginning in January.
PURPOSE & RESPONSIBILITIES:
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.
A. Advise the City Council in all matters pertaining to the use, control,
operation, promotion and regulation of all vessels and watercraft within4he
Newport Harbor.
B. Approve, conditionally approve, or disapprove applications on all harbor
permits where the City of Newport Beach Municipal Code assigns the
authority for the decision to the Harbor Commission.
C. 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.
D. Advise the City Council on proposed harbor - related improvements.
E. 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.
F. Make recommendations to the City Council for the adoption of
regulations and programs necessary for the ongoing
implementation of the goals, objectives, policies of the Harbor
and Bay Element of the General Plan the Harbor Area
Management Plan, and the Tidelands Capital Plan.
G. Advise the City Council on the implementation of assigned parts of
the Tidelands Capital Plan such as:
1. Dredging priorities.
2. In -bay beach sand replenishment priorities.
3. Harbor amenities such as mooring support service areas and
public docks.
1.1 r_3aW
City Manager or designee.
p��EWPpRr CITY OF
NEWPORT BEACH
°q�MO Harbor Commission Staff Report Agenda Item No. 4
March 13, 2013
TO: HARBOR COMMISSION
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
TITLE: Lower Castaways —A Discussion on the Future of this City Owned
Property
ABSTRACT:
The Lower Castaways, located on the corner of W. Coast Highway and Dover Drive, is the last
City owned waterfront property in Newport Harbor. The Harbor Commission is initiating the
discovery process which will look at the future of this property, and the various uses which could
benefit the entire community, both from a landside and waterside perspective. The Harbor
Commission will review the comments made at today's Study Session, and will request input
from the public during this discovery process.
RECOMMENDATION:
1. 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Submitted by:
Chris Miller
Attachment: A. Vicinity Map