Harbor Commission

CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA City Council Chambers - 100 Civic Center Drive Wednesday, October 11, 2023 - 5:00 PM Harbor Commission Members: Steve Scully, Chair Ira Beer, Vice Chair Marie Marston, Secretary Scott Cunningham, Commissioner Rudy Svrcek, 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 Received_Item No. 4 Public Comments Non-Agenda Items_10-11-2023 5) APPROVAL OF MINUTES 1. Draft Minutes of the September 13, 2023 Harbor Commission Regular Meeting  Harbor Commission Meeting October 11, 2023 Page 2 09-13-2023 Harbor Commission Draft Meeting Minutes 09-13-2023_Harbor Commission Draft Minutes_Chair Scully Comments 6) PUBLIC HEARING 1. Appeal of Harbormaster's Decision to Revoke Mooring Permit J-0107 Newport Beach Municipal Code (“NBMC”) Section 17.70.020 provides that a mooring permit may be revoked upon a determination of the Harbormaster that a permittee has failed to comply with the terms and conditions of the mooring permit and other relevant sections of Title 17. The Harbormaster revoked the permit for Mooring J-0107 on August 31, 2023, and the permittee is appealing the revocation to the Harbor Commission. Recommendation: 1. Hold a revocation appeal hearing and, if justified under NBMC Section 17.20.020(A)(3), affirm the Harbormaster’s decision to revoke the permit for Mooring J-0107 based on the following: a) The permittee failed for a period of sixty (60) days or more to pay the mooring fees for J-0107 in violation of NBMC Section 17.70.020(A)(1)(e) and Conditions 4 and 5 of the mooring permit signed on August 29, 2022. b) The permittee failed to provide proof of insurance for the vessel on Mooring J-0107 naming the City as an additional insured as required by NBMC Section 17.60.040(B)(2)(f) and Condition 12 of the mooring permit signed on August 29, 2022. c) The permittee has breached and failed to comply with the terms and conditions of the mooring permit in violation of NBMC 17.70.020(A)(1)(h). OR 2. Hold a revocation appeal hearing and rescind the Harbormaster ’s decision to revoke the permit for Mooring J-0107. . AND 3. 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.  Harbor Commission Meeting October 11, 2023 Page 3 Staff Report Attachment A - J-Mooring Field Map and Mooring J-0107 Attachment B - Mooring Permits Dated February 27, 2019 and March 28, 2022 Attachment C - NBMC Sections 17.60.040 and 17.70.020 Attachment D - Mooring Fes Invoices From Revenue Division Attachment E - Expired Insurance with Warning Notices and Administrative Citations Attachment F - Letter to Permittee, Emailed on August 24, 2023 Attachment G - Notice of Revocation Dated August 31, 2023 Attachment H - Appeal Application Dated September 15, 2023 Attachment I - Misc. Enforcement Cases Associated with Mooring J-0107 Additional Material Received_Revocation Appeal Hearing_October 11, 2023 2. Variance Request: Vessel Berthing at 1324 E. Balboa Blvd. Tom LeBeau (“Applicant”), property owner of 1324 E. Balboa Blvd (“Property”) has applied for a variance, Variance No. HCVAR2023-002 (“Variance”), from the conditions of Harbor Permit/Approval in Concept 109-1322 (“Permit”) restricting the size of the vessel that may be berthed on the east side of the single-finger float adjacent to F Street end in order that he may be able to berth a larger vessel. Recommendation: 1. Conduct a public hearing; 2. Find that the denial of the variance 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and 3. Adopt Resolution HC2023-011 of the Harbor Commission of the City of Newport Beach denying Variance No. HCVAR2023-002 requesting modification of Harbor Permit 109-1322 in order to berth a vessel that exceeds a length of 55-feet and a width of 15-feet on the east side of the float and into F Street end.  Harbor Commission Meeting October 11, 2023 Page 4 Staff Report Attachment A - Aerial Photos Attachment B - Applicant’s Variance Submittal Attachment C - October 2014 Harbor Commission Minutes Attachment D - December 2014 Special Conditions Attachment E - December 2020 Harbor Commission Staff Report Attachment F - December 2020 Harbor Commission Minutes Attachment G - Public Outreach Attachment H - Public Comments Attachment I - Resolution HC2023-011 Additional Materials Received_Item No. 6.2 Correspondence_10-11-2023 Additional Materials Received_Item No. 6.2 Staff Memo_10-11-2023 Additional Materials Received_Item No. 6.2 Staff Memo - Withdrawal_10-11-2023  Harbor Commission Meeting October 11, 2023 Page 5 7) CURRENT BUSINESS 1. 2024 Harbor and Beaches Master Plan - Review Staff will provide an overview of the 2024 Harbor and Beaches Master Plan (“Plan”). The Harbor Commission is requested to provide an initial Plan review this evening, then consider it for approval at the November meeting. 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, 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 - 2023 Harbor and Beaches Master Plan 2. Discussion of History, Current Status and Opportunities for Lower Castaways As part of their current objectives, a subcommittee of the Harbor Commission is reviewing the history and current uses of the Lower Castaways facility. The subcommittee has conducted field studies observing current uses, met with various constituents as well as staff, and documented their findings and conclusions. This report and presentation will update the Harbor Commission on the ad hoc committee’s process, research and findings. The ad hoc committee seeks input from the full Commission and the public to further refine their recommendations related to improving the use of the facility. The subcommittee expects to present finalized recommendations for adoption by the full Commission at a meeting in the near future. 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; 2. Review the recent history of Lower Castaway uses and previously considered potential uses; and 3. Discuss additional opportunities for use of Lower Castaways and, If desired, formulate a recommendation to be forwarded to the City Council on a plan to develop possible uses and designs. Staff Report Attachment A - Lower Castaways Concept Presentation 2014 Additional Material Received_Lower Castaway's Presentation_October 11, 2023 3. Review and Approve Recommended Harbor Commission Objectives for 2024 The Harbor Commission periodically conducts a review and updates its Objectives. This  Harbor Commission Meeting October 11, 2023 Page 6 year they decided to continue working on the 2022 Objectives instead of creating new ones for 2023, as there was still much work to be done and it would allow the new City Council Members to settle in and learn about the Harbor Commission. At a previous Harbor Commission meeting, the Commission formed an ad hoc subcommittee to recommend 2024 Objectives. That subcommittee sought guidance and feedback from the Commission at the September 2023 meeting. The subcommittee has prepared a list of proposed Objectives for 2024 and seeks the full Commission’s approval of their recommendations. If approved, the recommended 2024 Objectives will be forwarded to the City Council for review and consideration. 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. Approve recommended 2024 Harbor Commission Objectives and forward them to the City Council for review. Staff Report Attachment A - Proposed Commission 2024 Goals and Assignments 4. Report on Progress of Converting Mooring Permits to New City Form and Action on Those Still Outstanding The City took over management of nearly 1,200 moorings in Newport Harbor on July 1, 2017. Records associated with the mooring permits were transferred from the Orange County Sheriff's Department Harbor Patrol to the City at that time. Subsequently, the mooring permit form was updated and all permittees were asked to sign the new City issued form. There are 991 individual mooring permits not held by the Balboa Yacht Club, Lido Isle Community Association or the Newport Harbor Yacht Club. The process of converting those 991 individual permits to the new City form has been slower than anticipated. This report will update the Harbor Commission on the process and progress for converting the 9 permits that remain unexecuted on the new City permit form. The Commission is asked to affirmatively recommend that staff proceed with revocations of those that remain outstanding or recommend other appropriate action. 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. Direct staff to proceed with Notice of Violations and revocations of the mooring permits that have not yet been executed on the new City permit form. Staff Report Attachment A - J-101 Notice of Outstanding Permit Requirement_Redacted Additional Material Received_Conversion to New Mooring Permits_October 11, 2023 5. Ad Hoc Committee Updates  Harbor Commission Meeting October 11, 2023 Page 7 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 6. Harbor Commission Current Objectives Update At the February 8, 2023, Harbor Commission meeting the decision was made by the Commission to continue the 2022 Objectives instead of creating new ones for 2023. The Commission felt there was still much work to be done on the current Objectives and it would allow the new City Council Members to get settled and learn about the Harbor Commission. Each ad hoc committee studying their respective Functional Area within the Commission’s current 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 Current Objectives Attachment B - Harbor Commission Current Objectives Tracking Sheet 7. Harbormaster Update - September 2023 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)  Harbor Commission Meeting October 11, 2023 Page 8 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 Received_Harbormaster Report_October 11, 2023 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) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) 11) DATE AND TIME FOR NEXT MEETING: Wednesday, November 8, 2023 at 5 p.m. 12) ADJOURNMENT