Harbor Commission

CITY OF NEWPORT BEACH HARBOR COMMISSION AGENDA City Council Chambers-100 Civic Center Drive, Newport Beach CA 92660 Wednesday, June 11, 2025 - 5:00 PM Harbor Commission Members: Scott Cunningham, Chair Ira Beer, Vice Chair Marie Marston, Secretary Steve Scully, Commissioner Rudy Svrcek, Commissioner Gary Williams, Commissioner Don Yahn, Commissioner Staff Members: Paul Blank, Harbormaster Cynthia Shintaku, Administrative Coordinator 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 ALLEGIENCE 4) PUBLIC COMMENTS (NON-AGENDA ITEMS) 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.

June 11, 2025 Page 2 Harbor Commission Meeting 5) APPROVAL OF MINUTES Draft Minutes of the May 14, 2025 Harbor Commission Regular Meeting1. 5.14.2025 Harbor Commission Regular Meeting Minutes Draft 5.14.2025 Harbor Commission Regular Meeting Minutes Draft Vice Chair Beer 5.14.2025 Harbor Commission Regular Meeting Minutes Draft Commissioner Scully 6) CURRENT BUSINESS Balboa Yacht Basin Marina Reconstruction and Maintenance Dredging - Update 1. The City-owned and operated Balboa Yacht Basin marina has reached the end of its useful life and is due for replacement. Conceptual design plans are complete, and the permitting stage has commenced. In addition, there is a need to dredge the marina, yet the dredged material is unsuitable for open-ocean disposal. Therefore, the City is attempting to take advantage of the unique opportunity to dispose the material at Port of Long Beach Pier G Fill Project. Staff will provide the Harbor Commission with a detailed update on these two Balboa Yacht Basin projects. 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 this action will not result in a physical change to the environment, directly or indirectly. 2. Receive and file. Staff Report Attachment A Attachment B

June 11, 2025 Page 3 Harbor Commission Meeting Code Enforcement Update - Special Enforcement Programs2. Harbor Department (“the Department”) code enforcement officers are responsible for enforcing the California Harbors and Navigation Code, Title 17, and various sections of the Newport Beach Municipal Code (“NBMC”) pertaining to zoning, noise, building codes, water quality, public nuisances and business regulations. Code enforcement officers rely heavily on collaboration and education to encourage voluntary compliance with these laws. This report will update the Harbor Commission on special enforcement programs that further the Department mission of keeping Newport Harbor clean, safe, and well-enjoyed. 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 Recommendation on Onshore Mooring Specification Revisions3. To improve safety and consistency among all onshore moorings, changes to the weight specification is being proposed. A change to the mooring specifications requires Harbor Commission Approval. All onshore mooring permits are now written at 18’ The specifications for onshore moorings still show options at less than 18’ It is recommended that specifications be brought into alignment with permits. 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 staff recommendation to update onshore mooring specifications 3. Or dismiss staff recommendation to update onshore mooring specifications

June 11, 2025 Page 4 Harbor Commission Meeting Staff Report Attachment A Attachment B Attachment C Additional Materials Received_6.3 Public Correspondence Additional Materials Received_ 6.3 Public Correspondence Additional Materials Received_ 6.3 Public Correspondence Additional Materials Received 6.3_Public Correspondence Additional Materials Received 6.3_Public Correspondence Additional Materials Received 6.3_ Public Correspondence

June 11, 2025 Page 5 Harbor Commission Meeting Discussion of Proposed Revisions to NBMC Title 174. Included in the Harbor Commission’s 2024 Objectives is objective number 1 the title of which is “Conduct annual review of Title 17 and recommend updates to City Council where necessary.” The full Commission will listen to and provide input on a proposal prepared by the subcommittee responsible for that objective. 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. Consider a proposal from the subcommittee responsible for the current Harbor Commission Objective 1 on potential revisions to the Newport Beach Municipal Code (NBMC) related to the harbor; and 3. If desired, provide direction to the objective subcommittee and staff to finalize recommended revisions to be considered at a subsequent Harbor Commission meeting. Staff Report Ad Hoc Committee Updates5. 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

June 11, 2025 Page 6 Harbor Commission Meeting Harbor Commission 2024 Objectives6. Each ad hoc committee studying their respective Objective within the Commission’s 2024 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 2024 Goals and Objectives Harbormaster Update - May 2025 Activities7. The Harbormaster oversees the City Harbor Department and is responsible for the management of the City’s mooring fields and Balboa Yacht Basin marina, support for the Harbor Commission, municipal code enforcement on the harbor, events and marine activities permitting, safety and rescue operations, management of the Marina Park visitor serving marina, marine sanitation pump out equipment and public pier maintenance, water quality monitoring and maintenance, impound and disposition of abandoned and unclaimed vessels and public relations and information dissemination on and about Newport Harbor as well as several special projects. This report will update the Harbor Commission and the public 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.

June 11, 2025 Page 7 Harbor Commission Meeting 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 Presentation for Chair Cunningham8. 7) MOTION FOR RECONSIDERATION A motion to reconsider any action taken by the Harbor Commission must be made at the same meeting or the subsequent meeting at which the action was taken and may only be made by one of the Harbor Commission members who voted with the prevailing side. 8) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) 9) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT ( NON-DISCUSSION ITEM) 10) DATE AND TIME FOR NEXT MEETING: Wednesday, July 9, 2025 at 5:00 p.m. 11) ADJOURNMENT