Harbor Commission

CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA City Council Chambers - 100 Civic Center Drive Wednesday, December 8, 2021 - 5:00 PM Harbor Commission Members: William Kenney, Jr., Chair Ira Beer, Vice Chair Steve Scully, Secretary Scott Cunningham, Commissioner Marie Marston, Commissioner Gary Williams, Commissioner Don Yahn, Commissioner Staff Members: Paul Blank, Harbormaster Jennifer Biddle, Administrative Support Specialist 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 Paul Blank, Harbormaster, 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) 270-8158 or pblank@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 Department 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 non-agenda items. 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 Harbor Commission has the discretion to extend or shorten the speakers’ time limit on 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 1. Draft Minutes of the November 10, 2021 Harbor Commission Regular Meeting  Harbor Commission Meeting December 8, 2021 Page 2 11-10-2021 Harbor Commission Draft Regular Meeting Minutes 11-10-2021 Harbor Commission Draft Meeting Minutes _Secretary Scully Comments 11-10-2021 Harbor Commission Draft Meeting Minutes _Vice Chair Beer Comments 11-10-2021 Harbor Commission Draft Meeting Minutes _Chair Kenney Comments 11-10-2021 Harbor Commission Draft Meeting Minutes _Commissioner Marston Comments Additional Materials Received_Draft Minutes of 11-10-2021, Item 6.1 and Item 7.2_Comment Submitted by Jim Mosher 6) PUBLIC HEARINGS 1. Commercial Dock Reconfiguration at 503 Edgewater Place Newport Landing (“Applicant”) has applied for a permit to reconfigure the commercial dock system at 503 Edgewater Place by replacing the gangway landing, gangway, and existing floats with a new U-shaped float (“Project”). The proposed float extends beyond the pierhead line, but extends less than the existing, permitted float. Because Applicant is proposing to position the float beyond the pierhead line, staff is unable to approve the project. Therefore, Council Policy H-1 directs the Harbor Commission to hold a public hearing for the proposed project. Recommendation: 1) Conduct a public hearing; and 2) Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and 3) Approve in concept the Project by making specific findings to allow the dock to be reconfigured pursuant to the provisions in Council Policy H-1. Staff Report Attachment A - Aerial Photos Attachment B - Existing Approved Plans and Configuration Attachment C - Proposed Configuration Attachment D - Public Outreach Attachment E - Resolution HC2021-005 Additional Materials Received_Draft Minutes of 11-10-2021, Item 6.1 and Item 7.2_Comment Submitted by Jim Mosher 2. Residential Dock Reconfiguration at 3312 Marcus Avenue Mr. Paul Cook (“Applicant”) has applied for a permit to reconfigure the residential dock system at 3312 Marcus Avenue by replacing the gangway and existing float with a new gangway and float and shifting the dock system to the west (“Project”). The proposed float will not extend bayward any further than the existing float. This residential float is located in the West Newport area where pierhead lines do not exist. The Project does not meet the criteria for staff review and approval under Section II of Council Policy H -1 and thus shall  Harbor Commission Meeting December 8, 2021 Page 3 be reviewed in accordance with the applicable provisions of Title 17 (Harbor Code) of the Newport Beach Municipal Code (NBMC). Recommendation: 1) Conduct a public hearing; and 2) Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and 3) Approve in concept the Project by making specific findings to allow the dock to be reconfigured pursuant to the provisions for a harbor development permit. Staff Report Attachment A - Aerial Photos Attachment B - Existing Approved Plans and Configuration Attachment C - Proposed Configuration Attachment D - Public Outreach Attachment E - Resolution HC2021-006 3. Appeal of Harbor Development Permit No. 2261-2021 at 515 Harbor Island Drive Mr. Peter Spataro (“Appellant”) at 507 Harbor Island Drive has filed an appeal of the Harbor Development Permit No. 2261-2021 (“Permit”) for dock construction at 515 Harbor Island Drive. Mr. Ned Wallace (“Permittee”) is proposing to replace the existing piles with pipe piles to accommodate a larger vessel which would be berthed parallel to the shoreline and within the prolongation of the Permittee’s property lines (“Project”). The overall basis for the appeal is the ability of the Permittee to berth a larger vessel at his dock. Recommendation: 1) Conduct a public hearing; and 2) Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and 3) Deny the appeal of the Permit by making specific findings.  Harbor Commission Meeting December 8, 2021 Page 4 Staff Report Attachment A - Aerial Photos Attachment B - Harbormaster Letter Attachment C - Approved Plans and Configuration Attachment D - Harbor Development Permit Notice Attachment E - Appeal Attachment F - Outreach Attachment G - Resolution HC2021-007 Additional Materials Received_Item 6.3 Appeal of Harbor Development Permit No. 2261-2021 at 515 Harbor Island_Comments Submitted by Russell Fluter and Piero Serra Additional Materials Received_Item 6.3 Appeal of Harbor Development Permit No. 2261-2021 at 515 Harbor Island_Comments Submitted by Bill Hendricksen Additional Materials Received_Item 6.3 Appeal of Harbor Development Permit No. 2261-2021 at 515 Harbor Island_Comments Submitted by Aaron Feit 7) CURRENT BUSINESS 1. Review of Harbor and Beaches Master Plan Projects Staff will provide an overview of the 2022 Harbor and Beaches Master Plan Projects. The Harbor Commission is requested to review the plan and provide comments. 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; and 2) Receive and file. Staff Report Attachment A - 2022 Harbor and Beaches Master Plan Projects 2. Propose and Discuss Potential Revisions to the On-Shore Mooring Permit The subcommittee responsible for 2021 Harbor Commission Objective 1.3 is proposing potential revisions to the existing On-Shore Mooring Permit. Specifically, the subcommittee would like to discuss and consider the existing length limit and adding a limit for the beam (width) of vessels permitted on on-shore moorings. The recommend changes are intended to assist staff and the Harbor Commission when considering operations, permitting, and code enforcement in Newport Harbor. Recommendation: 1) Determine that the project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines,  Harbor Commission Meeting December 8, 2021 Page 5 California Code of Regulations, Title 14, Chapter 3, because it will not result in a physical change to the environment, directly or indirectly; and 2) Review, modify, and/or approve changes proposed for the On-Shore Mooring Permit by the Harbor Commission subcommittee and direct staff to update and use the new version for future mooring permit transfers and sub-permits. Staff Report Attachment A - Current Onshore Mooring Permit Revised May 2021 Additional Materials Received_Draft Minutes of 11-10-2021, Item 6.1 and Item 7.2_Comment Submitted by Jim Mosher 3. Proposed Harbor Commission 2022 Objectives The Harbor Commission periodically conducts a review and updates their Objectives. An ad hoc committee was recently appointed to conduct the review for the 2022 Objectives and recommend changes and modifications for the review of the entire Harbor Commission. Once the Harbor Commission has provided input and finalizes the 2022 Objectives, they will request staff present the 2022 Objectives to the City Council for their review and consideration. 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; and 2) Approve the proposed Harbor Commission Objectives for 2022 and request staff present to the City Council in the near future for their consideration and review . Staff Report Attachment A - Harbor Commission Proposed 2022 Objectives 4. Ad Hoc Committee Updates Several ad hoc committees have been established to address short term projects outside of the 2021 Harbor Commission objectives. The ad hoc committees will provide an update on their projects. 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; and 2) Receive and file. Staff Report  Harbor Commission Meeting December 8, 2021 Page 6 5. Harbor Commission 2021 Objectives Each ad hoc committee studying their respective Functional Area within the Commission’s 2021 Objectives, will provide a progress update. Recommendation: 1) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and 2) Receive and file. Staff Report Attachment A - Harbor Commission 2021 Objectives Attachment B - Harbor Commission 2021 Objectives Tracking Sheet 6. Harbormaster Update - November 2021 Activities The Harbormaster is responsible for the management of the City ’s mooring fields, the Marina Park Guest Marina, a variety of Harbor activities, and Harbor on -the-water City code enforcement. This report will update the Commission on the Harbor Department ’s activities for November 2021. Recommendation: 1) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and 2) Receive and file. Staff Report Attachment A - Harbor Department Statistics by Month, Current Year Attachment B - Harbor Department Statistics, Year over Year Comparison Attachment C - Harbor Department Definitions 8) MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the Harbor Commission at either this meeting or the previous meeting may be made only by one of the Commission Members who voted with the prevailing side. 9) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) 10) QUESTIONS AND ANSWERS WITH STAFF ON HARBOR RELATED ISSUES 11) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) 12) DATE AND TIME FOR NEXT MEETING: Wednesday, January 12, 2022 at 5 p.m.  Harbor Commission Meeting December 8, 2021 Page 7 13) ADJOURNMENT