Harbor Commission

CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA City Council Chambers - 100 Civic Center Drive Wednesday, March 9, 2022 - 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. Questions and comments may be submitted in writing for the Harbor Commission's consideration by sending them to harborfeedback@newportbeachca.gov. To give the Harbor Commission adequate time to review your questions and comments, please submit your written comments no later than 5 p.m. the day prior to the Harbor Commission meeting. All correspondence will be made part of the record. 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. Additional Material Presented at Meeting_Public Comment Wade Womack Presentation_March 9, 2022 5) APPROVAL OF MINUTES 1. Draft Minutes of the February 9, 2022 Harbor Commission Regular Meeting  Harbor Commission Meeting March 9, 2022 Page 2 2-9-2022 Harbor Commission Draft Minutes 2-9-2022_Harbor Commission Draft Minutes_Secretary Scully Comments 2-9-2022_Harbor Commission Draft Minutes_Commissioner Williams Comments 2-9-2022_Harbor Commission Draft Minutes_Commissioner Marston Comments 6) PRESENTATION 1. State Lands Commission Presentation on Tidelands Stewardship The City of Newport Beach was granted sovereign tidelands and submerged lands in trust in 1919. This grant and its amendments were repealed in 1978 and a new grant was enacted tasking the City with stewardship over all of the sovereign tide and submerged lands located within the City’s 1919 city limits. A representative of the granting authority, the California State Lands Commission will give a presentation related to the stewardship of those granted tidelands. 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 Additional Material Presented at Meeting_CA State Lands Commission Presentation_March 9, 2022 Additional Material Presented at Meeting_CA State Lands Commission Public Comment Wade Womack Presentation_March 9, 2022 7) PUBLIC HEARING 1. Residential Dock Reconfiguration at 815 Via Lido Soud Rob and Brooke Coldren (“Applicant”) have applied for a harbor development permit to reconfigure a portion of their shared residential dock system at 815 Via Lido Soud which will include widening the eastern U-shaped slip and repositioning the piles at the end of the finger floats (“Project”). The finger floats extend beyond the pierhead line by 20-feet which is the same distance the adjacent, shared finger float and U -shaped slip extends. Because Applicant is proposing to construct bayward 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, Division 6, Chapter 3; and 3) Adopt resolution HC2022-003 approving in concept the Project.  Harbor Commission Meeting March 9, 2022 Page 3 Staff Report Attachment A - Aerial Photos Attachment B - Existing Approved Plans and Configuration Attachment C - Proposed Configuration Attachment D - Public Outreach Attachment E - Resolution HC2022-003 Additional Material Presented at Meeting_815 Via Lido Soud Staff Presentation_March 9, 2022 8) CURRENT BUSINESS 1. Marine Activities Permit Program Update The City Council adopted Ordinance 2021-3 amending Chapter 17.10 and other provisions of the Newport Beach Municipal Code (“NBMC”) related to Marine Activities Permits (“MAP”). The revisions to Chapter 17.10 included: A) a registration program for businesses previously exempt from obtaining a MAP; B) increased penalties for violations of Chapter 17.10 including operating without a MAP; and C) updates to the MAP standard conditions of approval. This report will update the Harbor Commission on enforcement activities since the adoption of Ordinance 2021-3 in January 2021. 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, California Code of Regulations, Title 14, Division 6, Chapter 3, because it will not result in a physical change to the environment, directly or indirectly; and 2) Receive and file. Staff Report Additional Material Presented at Meeting_Marine Activities Permit Staff Presentation_March 9, 2022 2. Ad Hoc Committee Updates Several ad hoc committees have been established to address short term projects outside of the Harbor Commission objectives. This is the time 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, Division 6, 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 March 9, 2022 Page 4 3. Harbor Commission 2022 Objectives Each ad hoc committee studying their respective Functional Area within the Commission’s 2022 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, Division 6, 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 2022 Objectives Attachment B - Harbor Commission 2021 Objectives Tracking Sheet Additional Material Presented at Meeting_Secretary Scully Document for Presentation_March 9, 2022 4. Harbormaster Update - February 2022 Activities The Harbormaster oversees the City Harbor Department and is responsible for the management of the City’s mooring fields, enforcement of the municipal code, events permitting, safety and rescue operations, the Marina Park Guest Marina, marine sanitation pump out equipment and public pier maintenance, impound and disposition of abandoned and unclaimed vessels and public relations and information dissemination on and about Newport Harbor. This report will update the Harbor Commission on the Harbor Department ’s recent activities. 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 Infographic Attachment B - Harbor Department Statistics by Month, Current Year Attachment C - Harbor Department Statistics, Year over Year Comparison Attachment D - Harbor Department Definitions Additional Material Presented at Meeting_Harbormaster Presentation_March 9, 2022 9) MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the Harbor Commission at either this  Harbor Commission Meeting March 9, 2022 Page 5 meeting or the previous meeting may be made only by one of the Commission Members who voted with the prevailing side. 10) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) 11) QUESTIONS AND ANSWERS WITH STAFF ON HARBOR RELATED ISSUES 12) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) 13) DATE AND TIME FOR NEXT MEETING: Wednesday, April 13, 2022 at 5 p.m. 14) ADJOURNMENT