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Home My WebLink AboutPolicy Direction Regarding Drafting Amendmentsto the Hunting CITY OF HUNTINGTON BEACH FJB H HUNTINGTON BEACH CITY COUNCIL MEMO � fi To: Honorable Mayor and City Council Members From: Debbie Cook, City Council MembersG/r Date: May 23, 2003 . Subject: "H"ITEM FOR JUNE 2, 2003,-CITY COUNCIL MEETING HUNTINGTON HARBOUR MAINTENANCE CONTRACT STATEMENT OF ISSUE The city is currently in the process of reviewing proposals received from private contractors to award a contract for maintenance services of the waterways in Huntington Harbour. Additionally, City Council established a Council Sub-Committee (Huntington Harbour Waterways Committee) that is currently meeting and will return to Council in July or August with recommendations on how to address a number of Harbour issues, including water quality. There has been a request by several participants at the committee meetings to review the scope of work, tasks and performance measures in the proposed Request for Proposal and Maintenance Contract for Huntington Harbour. They feel the level of maintenance and contract compliance is directly related to addressing the water quality issue in the Harbour. They would like the committee to have the opportunity to review the scope of services, tasks and performance measures in the contract to see if there should be any recommended changes prior to the city awarding the contract. Since the city has its current contractor in place, and until a new contract is awarded, there is no impact in delaying the award of bid until the committee has the opportunity to review and make recommendations. RECOMMENDED ACTION Direct staff to suspend the Request for Proposal and Award of Contract process until the Huntington Harbour Waterways Sub-Committee has submitted its recommendations to the city. Staff will then have an opportunity to review the recommendations to determine if any changes should be made to the scope of services, tasks or performance measures in the Request for Proposal and contract for the Huntington Harbour waterway maintenance. xc: Ray Silver, City Administrator Bill Workman, Assistant City Administrator Connie Brockway, City Clerk Jim Engle, Director of Community Services Bob Beardsley, Director of Public Works e 1 E� P ax x k+ a Alf .' '. jk Ti iz, 6 i 3t 4 * a, 44 41 ys IL ik i f ' i + # # It } it-,. ! ysy, y1 S'4 .-RYA K , , c lie i 1 it g i t y fi r'.16- Y""� �NWt x` ""-�.,_— r. .h r y� � Gsy. a: a;, a"► ' .. .5 fit 't, L,rag Zr ' '•, c, i'./: ,mom,. �.. e qr. u � N n - # .0 i 1 VC R 47 ) �(l'{V'r�.`�.rr� ",k X'¢ T{t' e 't w f• - fit. el AAa = s. t i _ems uTY OF HUNTINGTON BEAC MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: CA 02-12 Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date: November 6, 2002 Department ID Number:. CA 02-12 o c`. CITY OF HUNTINGTON BEACH _ REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 0/4:vp oil, D PREPARED B ON HAGAN, Special Projects ManagerM v 3Al HUTTON, City Attorney SUBJECT: lb Provide Staff Policy Direction Regarding Drafting Amendments To The Harbor And Boating Regulations Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Whether to revise the regulations regarding boating in Huntington Harbor. Funding Source: No funds are available at this time to engage in enforcement activities in Huntington Harbor. However, a fee program will be presented in early Spring 2003 that will provide a funding source for enforcement and dredging activities in the Harbor. Recommended Action: Provide tall policy direction regar ng drafting amendments to the Harbor and Boating Regulations. S-ee Alternative Action(s): Adopt [Draft] Ordinance No. amending Chapters 13.32, 13.36 and 13.44 of the Huntington Beach Municipal Code regarding Harbors and 'Boating Regulations. Analysis: A number of different policy questions are involved in considering amending City regulations of the Harbors .and boating. For simplicity, this analysis will identify each policy question and then how the Municipal Code revision proposes to resolve the matter. 1. Pierhead Violations: Huntington Harbor and the surrounding residential community were created through the subdivision of tidelands. Along with creating residential lots, the subdivision maps dedicated navigable waterways to the City. With the exception of the main channels to the Harbor, G:\RCA\2002\Huntington Harbor.doc 10/28/2002 10:43 AM n� (13) November 6, 2002 - Council/Agency Agenda - Page 13 F. Administrative Items F-1. (City Council) Direct Staff Whether or Not to Enter into Negotiations for a Franchise Agreement between the City and Southern California Water Company (SCWC) for Pipeline Franchise in Order to Provide Water Service to Bolsa Chica Development ( . ) Communication from the Administrative Services Director, the City Attorney and the Public Works Director requesting Council's discretion whether to authorize staff to negotiate a pipeline franchise with Southern California Water Company (SCWC). There is a Closed Session item regarding the negotiable terms and conditions on this November 6, 2002 City Council agenda. The City Council will determine whether or not to discuss these terms and conditions in open session or in closed session. Recommended Action: That the City Council provide direction regarding SCWC's franchise application. Potential options include: 1. Direct staff to negotiate a franchise agreement; OR 2. Notify SCWC that the City Council has directed staff not to negotiate a franchise. In this circumstance, SCWC may file suit to compel the City to issue a franchise, or may initiate eminent domain proceedings; OR 3. Notify SCWC that the Council will take no action. Motion to: Continue until determination is made relative to Bond Issue for acquisition and possible settlement of lawsuit. F-2. (City Council) Provide Staff Policy Direction Regarding Drafting Municipal Code Amendments to the Huntington Harbour and Boating Regulations (Including Live Aboards) ( . ) Communication from the City Attorney and the Special Projects Manager requesting Council direction whether to revise the regulations regarding boating in Huntington Harbour. Recommended Action: Motion to: Provide Staff policy direction regarding drafting amendments to the Harbour and Boating Regulations. Motion to: Enhance the existing Water Quality Committee to be appointed by the Mayor to address the following issues: Clean Water Act of the U.S.; Dock Construction and permitting; Pierhead Lines; dredging; funding and direct approval of additional meetings be scheduled. Approved 7-0 RLQUEST FOR COUNCIL ACTT MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: CA 02-12 most of these public waterways are approximately 200 feet wide. The subdivision maps also reserved the right of the adjacent homeowners to attach wharfs and docks to the bulkhead. Finally, the maps provide that the City may not charge a rent for the wharfs and docks. The subdivision maps also establish a "pierhead line" that set the maximum length of the docks in order to preserve the remainder as a waterway. The pierhead line runs parallel to the bulkhead. Its distance from the bulkhead varies from 30 to 50 feet. In some cases, the City Council has extended by resolution the pierhead line along the main channels. Wharfage rights along the main channels, which are a State waterway, must be leased from the State Lands Commission. Attachment 3 depicts the Harbor, the waterways, the pierhead lines, and the adjustments made to the pierhead lines by Council Resolution. The City requires a property owner to obtain a permit in order to construct a dock. When property owners have applied for a dock permit, Public Works has identified the pierhead line and the property owner has built the dock no further than the pierhead line. However, aerial photographs of the Harbor indicate that a number of property owners have built docks and vessels that extend materially beyond the pierhead line. In some cases, both the vessel and the dock extend beyond the pierhead line. In other cases, the dock was built to the pierhead line, but the boat extends beyond. Finally, in some instances, docks have been built without a permit and where the subdivision map prohibited a dock. The policy question is whether the City should initiate code enforcement actions against all installed docks, including those that extend beyond the pierhead line. The contention of some property owners is that where the pierhead line extends only 30 feet along a 200 foot- wide channel, it could be extended to 50 feet, consistent with the pierhead line along other channels. Further, the CC&Rs of some tracts permit the vessel to extend beyond the dock by one-half of the dock width. There are several problems with extending the pierhead line. First, any extension would reduce the width of the navigable waterway available to the public. These waterways are used for boating, fishing, swimming, kayaking and other recreational activities. Extending the area available for docks would be no different than vacating a portion of public streets so that homeowners could have a wider front yard. Second, there may be safety problems in terms of boat turning and movements. Along some channels, large boats can side tie along a pie-shaped lot. In that case, the boat may need the wider channel to enter and exit. Consequently, while some property owners may benefit from an extended pierhead line, others may suffer. The proposed Code amendment would permit extensions to the pierhead line, following notice and hearing. The applicant would be required to submit a navigation study indicating that the pierhead line can be safely extended. Further, the City Council would be required to conduct a public hearing so that all interested persons would be aware of a proposal to reduce the navigable waterway. Finally, the Council would be required to make a finding that the public interest was served by extending the pierhead line. This procedure is similar to G:\RCA\2002\Huntington Harbor.doc ;3= 10/28/2002 10:43 AM R.0 UEST FOR COUNCIL ACTT MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: CA 02-12 that followed in street vacations. (Streets are vacated not merely because the private property owner may benefit from the vacation, but because no one would suffer from loss of the street.) The Code revision further would clarify that vessels may exceed their dock by three feet, but in no event may exceed the pierhead line. 2. Live-Aboards: The Municipal Code presently prohibits anyone from living aboard a boat for more than 72 hours. There are two policy questions. First, should any live aboards be permitted. Second, assuming they should, how should the City go about enforcing the 72-hour limitation. It is recommended that the existing 72-hour limitation be retained, subject to the following requirements: A. A permit be obtained to reside on a vessel. The permit would be valid for 72 hours, and could not be renewed in less than seven days. B. A permit may be issued only if the vessel has a secure holding tank for its head. C. A live-aboard will be defined as one or more persons continuously present on a boat from two hours after sunset to one hour before sunrise. If that person is observed to be on board during these hours for three consecutive evenings, then he will be cited as live-aboard. Ultimately, it is expected that once a fee system is in place for purposes of code enforcement, a Harbor Master will be appointed. It will be the responsibility of the Harbor Master to issue live aboard permits. 3. Derelict Vessels: The Municipal Code prohibits derelict vessels. The State Harbor & Navigation Code establishes a procedure for removing derelict vessels. The Harbor & Navigation Code provides that after thirty days' notice, an unregistered vessel may be treated as a nuisance and may be seized, similar to the procedure for removing an abandoned car on the highway. To supplement the State Code, the Municipal Code would be amended to permit the Harbor Master to require any vessel to establish its seaworthiness. City Staff has previously observed that there is a correlation between live aboards and boats that are not seaworthy. A seaworthiness test would provide an effective means to determine if the vessel is derelict. In addition, any boat without proper registration will be treated as a derelict vessel. G:\RCA\2002\Huntington Harbor.doc -4. 10/28/2002 10:43 AM R UEST FOR COUNCIL ACTIA MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: CA 02-12 4. Sewage and Pollution: Some older vessels with heads lack holding tanks. Other vessels lack watertight holding tanks. The Code would be amended to allow the Harbor Master to inspect all vessels and mandate testing of the holding tank with dye tablets. This is the procedure followed in Avalon Harbor on Catalina Island. In addition, booms would be required to be installed underneath vessels during cleaning of the hull and decks. All solid materials (barnacles, etc.) would be allowed to settle to the bottom of the boom, and then would be collected and disposed in trash receptacles. 5. Dock Permits: Although the Municipal Code is not specific on which City Department issues the dock permit, historically, the Public Works Department has issued the permit. The Municipal Code would be revised to add procedures for issuance of dock permits. Public Comment: On October 23, 2002, a public meeting was held at the Huntington Harbor to discuss these issues. Attachment 4 is a synopsis of the public comments from the meeting. Environmental Status: The proposed Code Revision is categorically exempt from the California Environmental Quality Act on the following grounds: 1. The Code Revision is an action by a regulatory agency taken for protection of natural resources. Pursuant to Section 15307 of the CEQA Guidelines, actions taken by regulatory agencies for protection of natural resources are categorically exempt from the California Environmental Quality Act. For example, better enforcement of live-aboard regulations, and procedures for sanitary operation of marine head are actions designed to assure the maintenance, restoration, or enhancement of a natural resource. 2. The Code Revision is an action by a regulatory agency taken for protection of the environment. Pursuant to Section 15308 of the CEQA Guidelines, actions taken by regulatory agencies for protection of the environment are categorically exempt. This includes actions to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. In this case, all the provisions of the Code Revision are designed to maintain and enhance the environment, and not to degrade it. 3. The Code Revision is an action by a regulatory agency taken to enforce or revoke a lease, permit, license, certificate, or other entitlement use. Pursuant to Section 15321 of the CEQA Guidelines, actions taken by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or entitlement for use are categorically exempt. This would include enforcement procedures regarding the pierhead line. G:\RCA\2002\Huntington Harbor.doc -5- 10/28/2002 10:43 AM AUEST FOR COUNCIL ACTI LA, MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: CA 02-12 Attachment(s): City Clerk's Page Number No. Description TO Z 1 Ordinance No. Amending Chapter 13.32 and 13.36 of the Municipal Code regarding Huntington Harbor and Boating rya, 2 Legislative Draft of Ordinance No. , 14S.., . e,::-,l J 3 Map of Huntington Harbor and Pierhead Lines 4 1 Synopsis of Public Comment from October 23, 2002 public meeting RCA Author: SFF G:\RCA\2002\Huntington Harbor.doc -a- 10/25/2002 12:50 PM ATTACHMENT # 1 C -ro r,3,e-, ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTERS 13.32, 13.36 AND 13.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING HARBORS AND BOATING REGULATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 13.32 of the Huntington Beach Municipal Code is hereby amended in entirety as follows: 13.32.000 Division 1—Definitions; Administrative Authority; Pierhead Line. 13.32.010 Scone. The provisions of this Chapter shall, unless otherwise expressly provided, apply to Huntington Harbor. (1430-9/68) 13.32.020 Definitions. For the purpose of this Chapter, Chapter 13.36 and 13.44, the following terms shall have the respective meanings set forth herein unless the context in which they are used clearly indicates a different meaning is intended. Words not defined herein and are not defined in the Harbors and Navigation Code of the state of California, have the meaning ascribed to them in ordinary usage: (a) "Abandoned vessel" shall mean any hulk, derelict, wreck, or parts of any vessel sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon the waters of the Harbor for a period longer than 30 days without a watchman or other person stationed upon or near, and in charge of the vessel. (b) "Anchor or anchoring" shall mean the use of weights, chains, cables, hooks, and other devices suspended from a vessel for the purpose of making a vessel reasonably stationary on the surface by providing a drag on the sea floor. Anchors are taken onboard the vessel when it gets underway. (c) "Anchorage area" means any portion of the Harbor which has been designated as an anchorage area pursuant to law and approved by the federal government. (d) "Authorized Inspector" shall mean the Harbor Master, and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this Chapter and Chapters 13.36 and 13.44. (e) "Boom"means a floating barrier placed underneath a vessel for purposes of containing debris, detergent, barnacles, pollution and similar solids and liquids collected after cleaning the decks of a vessel and scraping its hull. (f) "Building Official" means the person or persons designated by the Harbor Master as having the responsibility and authority to administer the provisions of Section 13.32.200 et seq. of this Code (Dock Permits), including but not limited to construction permit application processing, plan check, and inspection of construction in progress. G:\0RDINANC\2002\chap 1332,1336, 1344.doc (g) "Bulkhead line" means the line or point where the outer portion of the bulkhead meets the water. (h) "Commercial activity" shall mean any service, trade, business or occupation carried on for which any monetary or other valuable consideration is received, or for the purpose of profit, and shall include but not be limited to public marinas, water taxi service and sight-seeing vessels. (i) "Commercial recreational vessel" shall mean a vessel that is utilized for hire or compensation in the transit of people. The vessel and its skipper must both be certified by the Coast Guard, except for those vessels that do not require Coast Guard certification (i.e. [6] six-pac boats.). (j) "Discharge" shall mean any release, spill, leak,pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance. (k) "Harbor" shall mean Huntington Harbor, including the public and private marinas, beaches, public and private property,public and navigable waterways dedicated to the City, and the main channels owned by the State of California, all lying within Subdivision Map Nos. 5864, 5865, 5866, 5555, 10557, 6675, 10004, 9738, 4499, 6404, 6847, 5829, 4677, 8040, 7555, 8039, 5775, 11881, 5667, 4880, 4761, 5264, 5132, 5050, 5360, 6429, 5963, 5481, 6808, 12054, 9924, 7850, 9158, 9335, 8636, 9347, 8005, 9357, 5483, 9356, 8718, and 11716. (1) "Harbor Master" means the Director of the Community Services Department, unless a Harbor Master has been appointed. (m) "Household pet"means cats, dogs, canaries,parrots and other birds and animals customarily kept as household pets. (n) "Immediate family"means spouse, child, brother, sister, parents, step parents, and step brothers and sisters. (o) "Mooring" means any appliance used to secure a vessel other than to pier or dock, which is not carried aboard such vessel as regular equipment. (p) "Pier" means any wharf or pier and any adjacent or adjoining land, quay, float, structures, or embankment that is intended or normally used for securing a vessel while transferring foods, merchandise and/or passengers to and from land. (q) "Pierhead line" means the line between the bulkhead and the waterway which line separates the area open for navigation from the area extending outward from the bulkhead in which the mooring and docking of vessels is permitted. The pierhead line shall be as established in the Subdivision Map Nos. 5864, 5865, 5866, 5555, 10557, 6675, 10004, 9738, 4499, 6404, 6847, 5829, 4677, 8040, 7555, 8039, 5775, 11881, 5667, 4880, 4761, 5264, 5132, 5050, 5360, 6429, 5963, 5481, 6808, 12054, 9924, 7850, 9158, 9335, 8636, 9347, 8005, 9357, 5483, 9356, 8718, and 11716, excepted as it has been extended into the State Channels pursuant to Resolution Nos. 4835, 5126, 4559, 5908, 5631 and 5797 of the City Council. (r) "Pollutant" shall mean any liquid, solid or semi-solid substances, or combination thereof, including and not limited to: GAORDINAN02002\chap 1332,1336,1344.doc (1) Artificial materials (such as floatable plastics, wood products or metal shavings); (2) Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vessels and engines); (3) Metals and non-metals, including compounds of metals and non-metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic) with characteristics which cause an adverse effect on living organisms; (4) Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); (5) Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields); (6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor; (7) Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing); (8) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon; (9) Materials which contain base/neutral or acid extractable organic compounds; (10) Those Pollutants defined in § 1326(6) of the Federal Clean Water Act; and (11)Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State. (s) "Power" means a non-commercial vessel powered primarily by gasoline, diesel or other fueled engine. (t) "Prohibited Discharge" shall mean Discharge which contains any Pollutant, from public or private property to waters of the Harbor. (u) "Protected swimming area" means an area for swimming set aside by the City Council and designated by or outlined by lines, floats or buoys. (v) "Sail"means a vessel powered primarily by sail. (w) "Sport fishing boat" means a commercial recreational vessel used to transport people for non-commercial fishing or pleasure excursions. G:\ORDINANC\2002\chap 1332, 1336, 1344.doc (x) "Turning basin" means that portion of any channel which has been so designated pursuant to law and approved by the Federal Government for the purpose of permitting vessels to turn around or permitting their course of direction to be altered. (y) "Unseaworthy vessel" means a vessel without adequate and safe means of propulsion and/or a vessel certified by a licensed marine surveyor to be unsafe and/or which exhibits evidence of being in danger or sinking or otherwise becoming a hazard. (z) "Vessel"means every type of water craft, however powered, that is owned, controlled, operated or managed for public or private use in the transportation of persons or property. Such crafts include but are not limited to ships, boats,barges, seaplanes,jet skis,row boats, skiffs, tenders, tugs and rafts. (aa)"Waters of the Harbor" means all water within the Harbor in which the tide ebbs and flows whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court or otherwise and whether or not the land lying under said tidal waters is privately or public owned. ) (bb)"Wharf' means any wharf or pier and any adjacent or adjoining land, quay, float, structures, or embankment that is intended or normally used for securing a vessel while transferring foods, merchandise and/or passengers to and from land. "Wharf' shall also include all the area between the pierhead and bulkhead lines. 13.32.030 Administrative authority. The responsibility for enforcement of this Chapter and Chapters 13.36 and 13.44 is delegated to the Harbor Master, and such of his authorized inspectors as he may designate to perform said duty, as well as by peace officers having jurisdiction in any area in which violation of any provision of this title takes place. 13.32.040 Pierhead Line. (a) No wharf or pier may extend beyond the pierhead line. (b) Any pier or wharf constructed before October 1, 2002 that extends beyond the pierhead line shall conform with this Section within one year of receiving notice from the City of noncompliance with this Section. 13.32.050 Extension of Pierhead Line; Vacation of the Navigable Waterway (a) Upon the petition of all property owners located adjacent to a navigable waterway, the City Council may initiate a proceeding under this Chapter to extend the pierhead line and vacate the channel. (b) Upon receipt of such a petition, the City Council may deny it summarily, or alternatively shall: (1) Refer it to the Planning Commission to consider whether the proposed vacation is consistent with the General Plan, and to conduct environmental review pursuant to the California Environmental Quality Act. GAORDINANC\2002\chap 1332,1336, 1344.doc (2) Require the petitioners to pay a fee in an amount designed to recover the cost of processing the application, which amount shall be set by Council Resolution. (3) Require the petitioners to enter into a reimbursement agreement with the Harbor Master, to offset the cost to the City of obtaining a navigation survey advising whether an extension of the pierhead line would interfere with public use of the channel and safe navigation. At the close of its hearings, the Planning Commission shall report to the City Council upon the proposed vacation. (d) The City Clerk shall administratively set a vacation hearing before the Council by fixing the date, hour, and place of the hearing and cause the publishing and posting of the notices required by this Section. The hearing date shall not be less than fifteen(15) days after publishing and posting notices. The notices required by this Section shall contain the following: (1) A description of the channel proposed to be vacated and the pierhead line to be extended. (2) A map or plan that shows the portion or area to be vacated. (3) A statement that the vacation proceeding is conducted under this Section. (4) The date, hour, and place for hearing all persons interested in the proposed vacation. (e) Notice of the hearing on the proposed vacation shall be published for at least two successive weeks prior to the hearing. (f) At least two weeks before the day set for the hearing, the notice shall be posted conspicuously along the channel to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. (g) At least two weeks before the hearing date, notice of the hearing shall be mailed to all property owners within 1,500 feet of the proposed vacation. (h) At the hearing, the City Council shall hear the evidence offered by interested persons. If the City Council finds, from all the evidence submitted, that the portion of the navigable waterway to where the pierhead line is to be extended, is unnecessary for present or prospective public use and safe navigation, the City Council may adopt a resolution vacating that portion of the waterway and extending the pierhead line. The resolution of vacation may provide that the vacation occurs only after conditions required by the City Council have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. (i) The City Clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the County Recorder. Upon such recordation, the vacation is complete GAORDINANC\2002\chap 1332, 1336, 1344.doc 13.32.100 Division 2 - Commercial Activities Permits. 13.32.110 Permit for commercial activities required. No person shall engage in or carry on any commercial activity on the waters of the Harbor without first having applied for and obtained a permit for such activity from the Harbor Master. EXCEPTIONS: the requirement to obtain a commercial activity permit is not applicable to persons operating commercial fishing vessels or private vessels chartered primarily for use outside harbors within the city. Said activity shall be prohibited and considered a violation of this.chapter and zoning regulations. 13.32.120 Application for commercial activities permit. An application for a commercial activities permit under this chapter shall be filed with the Harbor Master upon forms provided by the city, and shall contain the following information and such other information as the Harbor Master may require: (a) The name, business address and business telephone number of applicant. (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business. (c) The name, address and telephone number of the person or persons who will have general management responsibility for the applicant's business. (d) A drawing of the boat, watercraft, docks, and/or other facility which the applicant proposes to use, together with such specifications and other technical data as may be needed for proper evaluation of the application. (e) A full description of the proposed method of operation of such vessel, watercraft and/or other facility, including but not limited to: (1) Hours of operation; (2) Maximum number of patrons or passengers; (3) Route or routes of travel; (4) Embarkation and debarkation points; (5) Types of activities to be permitted on board; and (6) Types of merchandise to be sold. (f) A description of the manner in which the applicant intends to dispose of sewage, trash and litter resulting from the operation. (g) A description and location of parking facilities available for the proposed operation. (h) A full description of a plan for monitoring discharge of waste from boats moored, tied or anchored in any facility owned, leased or controlled by the permittee, his employees or agents. The description shall include a method of minimizing waste discharge and the way in which it will be employed and shall provide a detailed G:\0RDINANC\2002\chap 1332,1336, 1344.doc description of a means of enforcement. Said plan must provide that no person may use a boat slip, mooring, dock, or any place of any other description where a boat can be secured, which is owned, leased or controlled by the permittee, unless such boats are connected to the sanitary sewer system or equipped with an approved holding tank designed to retain all waste on board. Vessels with holding tanks must, at all times, be treated with dye tablets placed into the vessels' marine sanitation devices. Such dye tablets shall be a type commonly used to test the integrity of sanitary sewer systems and as approved by the Harbor Master as complying with the intent of this section. (3078-11/90) (i) Public marinas must include in any lease or rental agreement a provision stating that any violation of Chapter 13.32, 13.36 or 13.44 will be grounds for termination of the boat slip lease or rental agreement. The marina shall agree that a condition of the permit to operate hereunder shall be that no tenant under his control will violate any provision of this section. (3078-11/90) 13.32.130 Filing fee. A commercial activities permit application shall be accompanied by a fee in an amount, established by resolution of the City Council, to compensate the city for the administrative costs of processing such application. 13.32.140 Public liability insurance requirement. No permittee shall engage in or carry on any commercial activity unless there is on file with the city, and in full force and effect at all times while such commercial activity is being conducted, a certificate of insurance approved by the City Attorney's office. Minimum liability insurance coverage shall be established by resolution of the City Council. Such public liability insurance policy shall indemnify, defend and hold harmless the city, City Council, elective and appointive officers, employees, boards and commissions of the city while acting within the scope of their official duties against all claims arising out of or in connection with the activity for which the permit was obtained. Failure of any permittee to maintain the insurance required by this section shall constitute grounds for revocation or suspension of this permit. 13.32.150 Grounds for issuance or denial of a commercial activities permit. The Harbor Master shall determine whether to issue or deny a permit after considering the following factors: (a) Whether the proposed commercial activity is compatible with the predominant characteristics of the Harbor and its surrounding area. (b) Whether the proposed commercial activity will comply with the requirements pertaining to noise control contained in Chapter 8.40 of this code. (c) Whether the proposed activity will have an adverse effect on the efforts to keep the Harbor free of pollution and litter. (d) Whether the vessel or watercraft proposed to be used by the applicant satisfies the applicable standards of the U. S. Coast Guard. (e) Whether the proposed method of operation will create unreasonable traffic problems in the Harbor which would interfere with the rights of others to use the Harbor. 13.32.160 Commercial Activities Permit--Denial--Appeal. If the Harbor Master refuses to grant the permit, the applicant may, within ten days after receipt of notice of refusal to grant the permit, file an appeal in writing with the City Clerk. The City Clerk GAORDINANC\2002\chap 1332,1336, 1344.doc shall set the appeal for hearing before the City Council, and shall give the applicant ten days written notice prior to the date the appeals is to be heard. 13.32.170 Duration of commercial activities permit. Any permit issued pursuant to the provisions of this Chapter shall continue to be valid unless such permit is suspended or revoked. 13.32.180 Revocation or suspension of commercial activities. Any commercial activities permit granted pursuant to the provisions of this chapter may be revoked or suspended by the Harbor Master, either in whole or in part, after five (5) days prior written notice to the permittee, directing him to appear at a certain time and place to show cause why the permit should not be revoked or suspended on any of the following grounds: (a) That the permittee has made a misrepresentation as to any material fact set forth in the application. (b) That the permittee has not filed adequate evidence of liability insurance coverage with the city, or has allowed its insurance coverage to lapse or be canceled. (c) For the violation of any rule, regulation or condition set forth in or authorized by this chapter. (d) For the violation of any law or regulation of the state, city, county of Orange, or the Orange County Harbor District, relating to the operation of the business by the permittee or any of his employees. 13.32.200 Division 3 - Dock permits. 13.32.210 Dock Permit Required for Construction or Alteration. No person or agency shall build, maintain, extend or make structural alterations on any building, dock, pier,piling, bulkhead, sea wall, reef, breakwater or other structure in, upon or over the waters of the Harbor, or do any filling, excavating or dredging in said waters without first obtaining a Dock permit to do so from the City. The Department.of Public Works shall issue dock permits. When issuing a permit, the Public Works Department shall follow the provisions of the Uniform Building, including its fee schedules. 13.32.220 Application procedure. An application for any dock permit shall be filed with the Public Works Department on a form provided by the City and shall show the proposed work to be done. Dock permits shall be accompanied by drawings prepared by a registered civil engineer prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed work. Section 13.32.230 Processing of Application. (a) The application and plans and specifications shall be reviewed by the Public Works Department to determine whether the proposed work meets all the requirements of the Uniform Building Code and any standards and policies adopted by the City Council for such construction or work. The Public Works Director or his designee is authorized to approve and issue permits for new structures and for revisions to existing structures that conform to the provisions of this Division, standard harbor drawings approved by the City Council, or harbor permit policy adopted by the City Council: G:\0RDINANC\2002\chap 1332, 1336, 1344.doc (b) The application shall be denied if: (1) The application does not conform to the provisions of this Code, standard harbor drawings approved by the City Council, or the harbor permit policy adopted by the City Council; or (2) The proposed application is likely to create navigational congestion, or otherwise interfere with the rights of other harbor permittees within the Harbor, or other oceanfront property owners. (c) A separate permit must be obtained from the Building Official for any plumbing or electrical work on structures. Section 13.32.240 Required Approval by Corps of Engineers. Prior approval of the U.S. Corps of Engineers will be required when: (a) Work extends beyond the U.S. pierhead line; (b) Solid filling or a solid structure is constructed beyond the U.S. bulkhead line; (c) Harbor lines have not been established in the area by the U.S. Corps of Engineers. Section 13.32.250 Revocation of Permit. (a) Ground for Revocation. Any permit heretofore or hereafter granted for any structure or work in the waters of the Harbor or may be revoked by the City Council upon any of the following grounds: (1) The work or structure has become detrimental to commerce, navigation or fishing; (2) The work or structure is detrimental to the use, operation or development of the harbor; (3) The work or structure does not comply with the permit or does not meet the standards adopted by the City Council for such work or structure; (4) The work or structure has fallen into a state of disrepair; (5) The space occupied by such work or structure is over publicly owned land and such space is to be devoted to a public use; (6) The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted. G:\0RDINANC\2002\chap 1332, 1336, 1344.doc (b) Any such permit shall be revoked only after a public hearing before the City Council at which the permittee has an opportunity to be heard. At least ten days' notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of hearing. (c) The City Council may preside over the hearing or, in the alternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the Public Works Director findings and recommendations. The decision of the Public Works Director shall be final. Section 13.32.260 Structure Without Permit Declared a Nuisance--Abatement. (a) Every structure maintained in or over the waters of the Harbor without a current valid permit existing therefor when required by this Chapter, or maintained in a manner or for a purpose other than or different from that provided in the permit, shall constitute a nuisance and shall be immediately abated and may be removed following notice and hearing. (b) No structure shall be declared a nuisance except after a public hearing before the City Council where the owner has an opportunity to be heard. At least ten days' notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of hearing. (c) The City Council may preside over the hearing or, in the alternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. (d) If upon written notice to remove any such structure the owner thereof fails, refuses or neglects to do so within a reasonable time specified in the notice, being not less than five nor more than thirty(30) days after such notice, the City shall abate or remove it and the cost thereof may be recovered from the owner of such structure in a civil action. SECTION 2. Chapter 13.36 of the Huntington Beach Municipal Code is hereby amended in entirety as follows: 13.36.010 Towing prohibited in Huntington Harbour. No person shall tow from a vessel in the waters of Huntington Harbour any person in the water or on any object, other than a vessel, except where permitted in a designated special use area or during a special event authorized by the Harbor Master. 13.36.020 Speed limit. No owner, operator or person in command of any vessel, except a Police Officer, Fireman or Lifeguard in the performance of his duty, shall operate any vessel or permit any vessel to be operated in any portion of any harbor at a rate of speed in excess of five miles per hour, or in any such manner or at any rate of speed which would endanger the safety of persons or property. G:\0RDINANC\2002\chap 1332,1336, 1344.doc 13.36.030 Launching and hauling. No person shall launch or remove any vessel from the waters of the Harbor over any public seawall, sidewalk, street or public property, except at locations where launching or removing vessels is conducted by a regular business which has the necessary equipment to do such work, or in those areas designated by the Director and posted for such purposes. Any launching site so designated and posted may be regulated by resolution of the City Council as to hours of launching, size of vessels to be launched, types of vessels to be launched, and the method and apparatus to be used in the launching. 13.36.040 Damaging Harbor property. No person shall willfully or negligently destroy, damage, disturb or deface or interfere with any buoy, float, life preserver, sign, navigational marking, mooring or similar property owned or used by the city or under the jurisdiction of the city or any other governmental agency. 13.36.050 Aircraft landings. No person shall navigate on or land on or take off from the waters of a harbor with any aircraft. 13.36.060 Airboats prohibited. No person shall operate on the waters of any harbor under the control of the city any vessel which is operated by mechanical air propulsion above the surface of the water. 13.36.070 Operation of vessel within posted swim area. No vessel shall operate within any posted or buoyed swim area or any swimming beach whether or not swimmers are present. 13.36.080 Mooring of vessels. No owner, operator or person in command of any vessel shall tie up or moor any vessel more than three (3) feet beyond the end of its dock, and in no event, beyond the pierhead line. In determining the length of the vessel, for purposes of this section, a vessel's bowsprit or bow pulpit shall be considered as part of the vessel's length, as well as any swim steps, outboard engines, dingy davits or other accessories which are attached to a vessel's stern. 13.36.090 Time limit for mooring. No owner, operator or person in command of any vessel shall tie up or moor any vessel at a public dock, float, wharf, sewer pump-out station, or other facility owned, leased or controlled by the city of Huntington Beach in excess of the time posted therefor. It shall be the duty of the Harbor Master to establish such time limits and to post signs giving notice thereof. 13.36.100 Mooring of non city-owned vessels to public docks. No owner, operator or person in command of any non city-owned vessel shall tie up or moor any such vessel at a dock, float, wharf or other facility owned, leased or controlled by the city of Huntington Beach without prior authorization in writing from the Harbor Master. 13.36.110 Board vessel without permission. No person shall climb into or upon any vessel moored, docked or anchored in the harbors of the city without the consent of the owner or other in charge thereof, except that in the event of an emergency, public safety personnel may board any vessel to preserve health and safety. 13.36.120 Tampering with vessel. No person shall wilfully injure or tamper with, or break or remove any part of or from any vessel in the city, or tamper with the lines securing any such vessel, without the consent of the owner or other person in charge thereof. GAORDINANC\2002\chap 1332, 1336,1344.doc 13.36.130 Vessel tie-up method. Every vessel lying at any pier in any harbor of the city shall be fastened thereto with lines, at least from the bow and stern, and in such manner as to insure the security of such vessel. No permittee, or his authorized representative, shall permit or allow any vessel under his control, lying at any pier to be fastened in a manner other than that set out in this section. 13.36.140 Direct fueling prohibited. No person shall fuel any vessel with any petroleum product directly from a tank wagon or truck. 13.36.160 Abandoned vessel--Removal of. The chief of police, or his authorized agent, may remove, or cause to be removed, sell, destroy or otherwise dispose of any hulk, derelict, wreck or parts of any ship, vessel or other watercraft deemed "abandoned," as defined in section 522 of the California Harbors and Navigation Code, from any inland waters owned, operated and/or controlled by this city, including any public or private docks or slips therein in accordance with the procedure set forth in said section 522. 13.36.170 Docking vessel without permission. No person having charge of any vessel shall make the same fast to any pier, dock or slip in the harbors of the city, or permit the vessel to remain at such location after finishing loading or unloading such vessel, without the consent of the owner, agent, or person in charge on any such pier, dock or slip. 13.36.180 Sunken and abandoned vessels. The owner of any vessel which sinks within the waters of the Harbor, or becomes beached within the Harbor shall have such vessel removed as soon as possible at his or her own expense. Owner shall also be held responsible for any property damage, injury, or loss of life caused by said vessel while it is in a sunken, abandoned, or disabled condition. (a) Reimbursement to City for removal. If the owner of a sunken vessel fails to remove the same as required by this section, the City may have the vessel removed at the owner's expense and the owner shall reimburse the City for all costs incurred in connection with the removal or pollution remediation efforts. (b) Failure of vessel owner to claim abandoned vessel. If no person claims an abandoned vessel within 72 hours after the expiration of 30 days from the date of abandonment as defined, the vessel shall be declared abandoned. The City shall remove such abandoned vessel to drydock(if feasible) and proceed to sell or demolish the vessel as provided by law. (c) Vessel owner option to claim abandoned vessel. The owner of an abandoned vessel may redeem the vessel before sale or demolition occurs upon satisfactory proof of ownership and payment to the City of all costs of mooring, moving, storing and selling of that vessel incurred prior to redemption. 13.36.190 Drift Materials: Care and Sale. All vessels, portions there-of, timber, or other articles found adrift, sunken, abandoned, or a hazard to navigation, within the waters of the Harbor, and not in the lawful possession or control of some person, shall be immediately delivered to the Harbor Master in whose custody they shall remain until claimed by the proper owner. Such owner shall pay all expenses incurred by the Harbor Master in connection therewith, including a charge for keeping and storing same. If such vessels, timbers, or other articles are not claimed within sixty(60) days, and the charges are not paid for therefor as provided in this section, the Harbor Master may sell such property by giving at least ten (10) days' previous notice of such sale by one (1) insertion in a newspaper printed and published by the City. Such notice shall describe the property briefly and give the place, hour, and day of the proposed sale. G:\0RDINANC\2002\chap 1332,1336, 1344.doc 13.36.200 Unseaworthy vessels. (a) The City declares that any vessel or property which is unseaworthy, sunk, or submerged, is a hazard to life, limb, and property and constitutes a public nuisance. (b) Vessel condition. Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the Orange County Harbor Patrol or other facts, the Harbor Master has to cause to believe a vessel is not seaworthy and operable, the Harbor Master shall give written notice to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbor master that the vessel assigned to the mooring is seaworthy or operable. In the event that the Harbor Master determines that vessel is not seaworthy or operable, the permittee shall: (1) commence repairs within thirty(30) days of written notice of such determination and complete repairs within ninety(90) days of the commencement unless the Harbor Master, upon written request from permittee specifying the reasons therefor, approves an extension of time to complete the repairs, or(2) removes the vessel referenced in the notice within thirty (30) days and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days of the notice. This section is not intended to apply to any brief period of repair common to most vessels. The Harbor Master may repeat his request to test operability as needed. (c) Removal of vessel. Any vessel permitted by her owner(s) or master to fall into the conditions described in this section due to neglect or lack of proper maintenance and repair may be treated in accordance with California Harbors and Navigation Code Section 522, et seq, and may be removed from the water by the Harbor Master and sold as provided by state law. (d) Unseaworthy vessels not to be launched. Vessels determined to be unseaworthy by the Harbor Master shall neither be launched from City facilities, nor be allowed to dock within the Harbor. (e) Proof of secure mooring attachment. At the discretion of the Harbor Master, the City may inspect the mooring connection point on board any vessel to verify its strength and safety. 13.36.210 Obstructing Piers and Wharfs. It shall be unlawful for any person to obstruct the free and easy access to, and departure from, any portion of any public or private pier, or wharf at any time. 13.36.220 Damaging Public Property. It shall be unlawful for any person to willfully or carelessly destroy, damage, disturb, deface, or interfere with any buoy, float, life preserver, sign, notice, or any other municipal property under the jurisdiction of the City. 13.36.230 Purpose of Regulation of Live-Aboards. The City Council of the City of Huntington Beach finds and declares as follows: (a) Huntington Harbor is a heavily used marine recreational area with thousands of residents living in close proximity to the water; G:\0RDINANC\2002\chap 1332,1336,1344.doc (b) Heavy recreational use of the harbor has contributed to a deterioration in water quality and the City is engaged in an ongoing effort to reduce the amount of human fecal matter discharged into the Bay; (c) Persons living aboard vessels are required to utilize the vessel's marine sanitation device and this presents a risk of discharge of human fecal matter into the Bay in violation of local, state and federal laws; (d) Persons living aboard vessels do not have access to landside support facilities such as parking spaces, trash disposal and other amenities normally associated with residential uses and, an increase in the number of live-aboards, if unregulated, could increase the demand for already scarce waterfront parking space, and increase the amount of trash and debris deposited in the Bay; and (e) The ordinance codified in this Chapter will promote the public health, safety and welfare by regulating the length of time persons may live aboard vessels, and insuring, to the extent possible, that this residential use does not result in the discharge of human waste or otherwise adversely impact the health, safety and welfare of those that visit, work around, or live near, the Bay. Section 13.36.240 Permit Required. No person shall live-aboard any vessel without first having obtained a live-aboard permit from the Harbor Master. A "live-aboard" is defined as one or more persons present on a vessel for substantially all the hours from two hours past sunset to one hour before sunrise. Section 13.36.250 Application for Live-Aboard Permit. (a) An application for live-aboard permit shall be filed with the Harbor Master upon forms provided by the City and shall contain the following information: (1) The name of the permittee and the name or names of all individuals to be living aboard the vessel; (2) All pertinent information relative to the vessel including, but not necessarily limited to, the name of the vessel, the registration number of the vessel assigned by the Department of Motor Vehicles or the United States Coast Guard, the make and model of the vessel, the length of the vessel; (3) The make, model, and holding tank capacity of the marine-sanitation device installed in the vessel; (4) The address and phone number where the permittee or other adult living- aboard can be contacted during regular work hours or when not occupying the vessel; (5) All applications shall be accompanied by a fee established by resolution of the City Council, but the fee shall not exceed the cost to the City of administering this chapter. GAORDINANC\2002\chap 1332, 1336, 1344.doc (6) Other information the Harbor Master reasonably believes is necessary or helpful to the efficient administration of the provisions of this chapter. (b) The submittal of an application for live-aboard shall be deemed consent by the owner of the vessel to any inspection necessary to confirm the accuracy of the information in the application. Section 13.36.260 Issuance of Permit. Upon receipt of an application for a live-aboard permit, the Harbor Master shall investigate the information contained in the application. The Harbor Master shall deny the application if: (a) The vessel which will serve as the principal residence is not equipped with a fully- operational sanitation device sufficient in capacity to insure no discharge of human waste into the Harbor; or (b) The vessel is incapable of safely maneuvering under its own power, whether by sail or engine, from the mooring to the open waters of the Pacific Ocean and back to the mooring. Section 13.36.270 Conditions/Regulations. (a) Live-aboard permits shall be valid for three (3) days. No live-aboard permits for the same vessel may be issued less than seven (7) days after expiration of the prior permit. (b) The Harbor Master shall have the power to promulgate rules and regulations to insure that the purposes of this Section are satisfied. Each live-aboard permittee shall comply with these rules and regulations. Compliance shall be considered a condition to each live-aboard permit. Section 13.36.280 Use of Pumpout Facilities. Live-aboard permittees shall use pumpout facilities on a regular basis or otherwise discharge human waste in a legal manner. The permittees and others living aboard pursuant to permit shall not deposit any garbage or trash in the bay or on property surrounding the bay except in trash receptacles. Section 13.36.290 Discharge Log. Each Live Aboard permittee shall maintain a log relative to the use of pumpout facilities. The log shall contain the date, time, and location waste was discharged. The discharge log shall be available for inspection by the Harbor Master, or his designee, at all reasonable hours and upon request. Section 13.36.300 Suspension and Revocation. Any Live Aboard permit granted pursuant to this chapter may be revoked by the Harbor Master upon a determination that: (a) The permittee has violated, or failed to comply with any of the provisions or requirements of this Chapter, or Chapters 13.32 or 13.44; (b) The permittee has discharged raw or treated sewage into the Bay or otherwise violated the provisions of Chapter 13.44; (c) Permittee has failed to pay any fee required to be paid pursuant to the provisions of this chapter and/or resolution of the City Council; or G:\0RDINANC\2002\chap 1332, 1336, 1344.doc (d) The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare, or peace of any person. SECTION 3. Chapter 13.44 of the Huntington Beach Municipal Code is hereby amended in entirety as follows: 13.44.010 Prohibited Discharge. (a) No person shall cause, allow or facilitate any prohibited discharge. (b) No person shall throw, discharge, deposit or leave, or cause, suffer or permit to be thrown, discharged, deposited or left, any rubbish, dead animals, cans, receptacles, bottles,papers, food, animal or vegetable matter, rubbish, trash, garbage, or any decaying or putrid matter, refuse matter or any waste matter whatsoever into the waters of a Harbor, or upon any public pier, wharf, seawall, bulkhead, float, beach jetty or street leading to the Harbor, except in waste receptacles designated for such purposes. (c) No person shall discharge, or cause, suffer, or procure to be discharged or deposited, material of any kind in any place or any banks of any waters of the Harbor where such discharged material shall be liable to be washed into the waters of the Harbor either by ordinary or high tides, or by storms, floods, or otherwise. (d) No person owning, managing, controlling, operating, navigating or otherwise handling any vessel shall discharge, or cause to be discharged, any ballast water, bilge water or waste water containing or contaminated with any crude petroleum, refined petroleum, engine oil, or oily byproduct within the waters of the Harbor unless such ballast water, bilge water or waste water is discharged into suitable and adequate settling basins, tanks, or other receptacles. (e) No person shall dump any kind of material into the Harbor, or throw overbroad, or set adrift, or permit to set adrift anything that is, or might become, obstructive or dangerous to navigation. 13.44.020 Discharge of toilets prohibited. No person shall discharge, or permit, cause or suffer any person on a vessel under his control or command to discharge any human or animal waste or excreta from any head, toilet or similar facility or by any other means whatsoever into the waters of a harbor. 13.44.030 Discharge of flammables prohibited. No person shall throw, discharge, deposit, pump or leave or cause or permit to be thrown, discharged, deposited, pumped or left either from the shore, from any pier or vessel or from any other place whatsoever, any oil, spirits or any flammable liquid into the waters of a harbor. 13.44.040 Signs prohibiting waste deposit. The owner or operator of any commercial docking facility or marina located on the waters of a harbor shall install and maintain at his own expense in conspicuous locations on the premises, signs to inform the public of the regulations prohibiting the discharge or depositing of any waste or refuse in the waters of a harbor. Uniform standards and specifications for the design, lettering and general locations of such signs shall be prescribed by the Harbor Master. 13.44.050 Storage on shoreline prohibited. No person shall place or allow any abandoned vessel, boat or material, garbage, refuse or timber or waste matter of any type GAORDINAN02002\chap 1332, 1336, 1344.doc whatsoever to remain on beaches, piers, wharves,jetties, groins, bulkheads, seawalls, floats or shoreline of any harbor. 13.44.060 Vessel wastes. No person shall own or operate a vessel equipped with any head (toilet) or receptacle for human body wastes in the waters of a harbor unless: (a) The vessel is also equipped with a holding tank designed to retain all human body wastes deposited in said head or receptacle until such time as the sewage can be discharged into a sanitary sewer system or discharged otherwise in accordance with law; or (b) The head or receptacle is connected directly to a sanitary sewer system; or (c) The head or receptacle is connected to an on-board sewage treatment system which produces an effluent meeting such standards as may be approved by the county health officer for discharge into the waters of a harbor. The effective date of this section shall be January 1, 1974. 13.44.070 Marina pump-out facilities. The owner and operator of every commercial marina shall provide a permanent holding tank pump-out facility or equivalent service which is operable and available for use at all times and which is capable of servicing all vessels berthed, docked or moored at the marina. The effective date of this section shall be January 1, 1974. 13.44.080 Refuse--Marinas and Piers. Any owner or operator of a marina or any owner or permit holder who maintains a pier, shall keep the area in and around such marina or pier located on the shorelines of Newport Harbor within the City reasonably free and clear from beached or floating refuse, debris or litter at all times. (Ord. 1468 § 1, 1972) 13.44.090 Heads and Holding Tanks. (a) In order to enforce the provisions of this Chapter and to safeguard and protect waters of the Harbor from contamination, the owner and/or person in charge of any boat or vessel entering or staying in the waters of the Harbor shall, as condition of entering and/or remaining in the Harbor waters, allow City personnel to board the vessel and place dye tablets into the vessel's marine sanitary device, and to perform a test or test to ensure that the marine sanitary device is in such a condition as to prevent any contaminants from being discharged in the waters of the Harbor. It shall be unlawful for any person to deny City personnel access to a vessel for purposes of placing dye tablets into the marine sanitary device, to refuse or interfere with testing of the marine sanitary device by City personnel, to tamper with or remove while in City waters any dye tablet placed in a marine sanitary device by City personnel, or to place any substance in the marine sanitary device with the intent to interfere with the enforcement of this section. In addition to the penalties prescribed herein and in subsection(b), the Harbor Master shall have the authority to order any owner or person in charge of any boat or vessel upon which any act or omission specified herein has occurred, to immediately remove such vessel from the Harbor. (b) In the event that the Harbor Master observes or receives information that any vessel is discharging into the waters of the Harbor any liquid or solid material from or G:\0RDINANC\2002\chap 1332, 1336,1344.doc through its marine sanitation device, marine holding tank or related or connected equipment in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to subsection (a) of this section, or has tampered with or removed dye tablets placed in the sanitation device, or if the owner or person apparently in charge does not permit or interferes with the placing of dye tablets or performance of any testing of the marine sanitation device by the Harbor Master required by this section, then the Harbor Master or any harbor patrol officer shall locate, if present on the vessel,the owner or person in apparent control or possession of the vessel and present the evidence of discharge, tampering or removal, refusal, interference and offer that person the opportunity to respond to or rebut the evidence. The conference shall be informal. If, after the informal conference, the Harbor Master or harbor patrol officer concludes that the discharge emanated from the subject vessel, or that tampering or removal of the dye tables has occurred, or that the placing of dye tablets or testing of the marine sanitation device has been refused or interfered with, the Harbor Master or harbor patrol officer shall issue an order barring the vessel and the person owning and/or in possession of the vessel from entering the waters of the Harbor on the subject vessel, and any other vessel under the person's ownership or control. In the case of discharge, the order shall be for a period of one (1) year, effective immediately. In the case of tampering or removal of dye tablets or refusal or interference with the placing of dye tablets or performance of testing, the order shall be for a period of two (2) years, effective immediately. The order shall be made in writing and delivered personally to the subject vessel owner and/or person in apparent control unless actions of the owner or person in control make such delivery impractical or infeasible. Where personal delivery cannot be made, a copy of the order shall be sent by first-class mail, postage prepaid, to the address of the person to whom the vessel is registered. The order may be appealed pursuant to the provisions of section. (c) No person shall discharge any vessel and it shall be unlawful for any liquid or solid material to be discharged from or through a vessel's marine sanitation device or marine holding tank into the waters of the Harbor in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to this section. (d) Notwithstanding the provisions of subjections (a) through (c) of this section, no violation of this section shall occur where a vessel mechanic licensed to do business in the Harbor complies with the following requirements: (1) notifies the Harbor Master the vessel name, its location and the type of repair requested prior to commencing repairs; (2) notifies the Harbor Master that the holding tank of the vessel on which he intends to conduct repairs has been pumped out, or provides an explanation of why the tank cannot be pumped out prior to commencing repair work; (3) notifies the Harbor Master prior to conducting a test flush, at which time a Harbor Deputy shall be sent to the vessel to observe the flush, or if a Harbor Deputy is not available within a reasonable time, the Harbor Department may authorize the mechanic to proceed with the flush as agent for the Harbor Department; and (4) notifies the Harbor Department when all repairs have been completed and the mechanic or vessel owner or other person in charge is present at the vessel while new dye tablets are placed in the head(s) and a test flush is conducted. A discharge which occurs during such repair or tests conducted to confirm the successful completion of the repair shall not result in liability or penalty to the mechanic or vessel owner or other person in charge, provided there is compliance with the foregoing requirements. 13.44.100 Cleaning Vessels. (a) No person shall clean a vessel, including scraping its hull, without installing a boom underneath it. All solids collected in the boom shall be disposed in trash receptacles. GAORDINANC\2002\chap 1332, 1336,1344.doc r E (b) The Harbor Master is hereby authorized to adopt the regulations on the use of cleaning detergents and solvents in order to prevent the discharge of pollutants into the waters of the Harbor. (c) Operators of all marinas in the Harbor shall prominently display this regulation on signage at the entrances to the docks. SECTION 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 32002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney to-1d-az. REVIEWED AND APPROVED: INITIATED AND APPROVED: City inistrator �� Dec or of Commu ' y Services G:\0RDINANC\2002\chap 1332,1336, 1344.doc ATTAC H M E N T #2 Huntington Beach Municipal Cou.; I pJ) s1Q,,L1ve D/1 � 13.32.010--13.32.020(h) `� Chapter 13.32 HUNTINGTON HARBORS--GENERALLY (1430-9/68, 2374-7/79, 3078-11/90) Sections: 13.32.000 Division 1 -Definitions; Administrative Authority; Pierhead Line 13.32.010 Scope 13.32.020 Definitions 13.32.030 Administrative authority 13.32.040 Pierhead Line 13.32.050 Extension of Pierhead Line; Vacation of the Navigable Waterway 13.32.100 Division'-) - Commercial Activities Permits. 13.32.040110 Permit for commercial activities required 13.32.0-5A120 Application for commercial activities permit 13.32.OW130 Filing fee 13.32.140 Public liability insurance requirement 13.32.070150 Grounds for issuance or denial of a commercial activities permit 13.32.4WI60 Commercial Activities Permit--Denial--Appeal 13.32.090170 Duration of commercial activities permit 13.32.4-9A180 Revocation of suspension of commercial activities 1 J.J.y.I. [V 1. lL[ lie s liability 13.32.200 Division 3 - Dock permits 13.32.210 Dock Permit Required for Construction or Alteration 13.32.220 Application Procedure 13.32.250 Processing of Application 13.32.251 Required Approval by Corps of Engineers 13.32.252 Revocation of Permit 13.32.260 Structure Without Permit Declared a Nuisance-Abatement 13.32.000 Division 1 -Definitions; Administrative Authority; Pierhead Line. 13.32.010 Scope. The provisions of this eChapter shall, unless otherwise expressly provided, apply to Huntington Harbor. (1430-9/68) 13.32.020 Definitions. For the purpose of this Cehapter.. Chapter 1.3.36 and 13.44, the following terms shall have the respective meanings set forth herein unless the context in which they are used clearly indicates a different meaning is intended. Words not defined herein and whieh have the n:teaning asefibedto them sue not defined in key--the Harbors and Navigation Code of the state of California, have the meaning ascribed to them in ordinary usage: (a) "Abandoned vessel" shall mean any hulk, derelict, wreck, or parts of any vessel sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon the waters of the Harbor for a period longer than 30 days without a watchman or other person stationed upon or near, and in charge of the vessel. (b) "Anchor or anchoring" shall mean the use of weights, chains, cables, hooks, and other devices suspended from a vessel for the purpose of making a vessel reasonably stationary on the surface by providing a drag on the sea floor. Anchors are taken onboard the vessel when It gets underway. (a)(c) "Anchorage area" means any portion of a4�-the Harbor which has been designated as an anchorage area pursuant to law and approved by the federal government. GALFGISDRI'\ch1332 ins:Do G, 7 (d) "Authorized Inspector' „oall mean the Harbor Master, and perso.,i designated by and under his/her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this Chapter and Chapters 13.36 and 13.44. (e) `Boom"means a floating barrier placed underneath a vessel for purposes of containing debris, detergent, barnacles, pollution and similar solids and liquids collected after cleaning the decks of a vessel and scraping its hull. (f) "Building Official"means the person or persons designated by the Harbor Master as having the responsibility and authority to administer the provisions of Section 1.3.32.200 et seq. of this Code (Dock Pen-nits), including but not limited to construction permit application processing, plan check, and inspection of construction in progress. (b)(g) "Bulkhead line" means the line or point where the outer portion of the bulkhead meets the water. (i-,)(h) "Commercial activity" shall mean any service, trade, business or occupation carried on for which any monetary or other valuable consideration is received, or for the purpose of profit, and shall include but not be limited to public marinas, water taxi service and sight-seeing vessels. (i) "Commercial recreational vessel" shall mean a vessel that is utilized for hire or compensation in the transit of people. The vessel and its skipper must both be certified by the Coast Guard., except for those vessels that do not require Coast Guard certification(i.e. [6] six-pac boats.). (j) "Discharge" shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi- solid or solid substance. (k) "Harbor" shall mean Huntington Harbor, including the public and private marinas, beaches, public and private property, public and navigable waterways dedicated to the City, and the main channels owned by the State of California, all lying within Subdivision Map Nos. 5864, 5865, 5866, 5555, 10557, 6675, 10004, 9738, 4499, 6404, 6847, 5829, 4677, 8040, 7555, 8039, 5775, 11881, 5667, 4880, 4761, 5264, 5132, 5050, 5360, 6429, 5963, 5481, 6808, 5, 8636, 9347, 8005, 9357 5483, 9356, 8718, and 11716. 12054 9924, 7850, 9158, 933 {d)(1) "Bireeto Harbor Master" means the Director of the Community Services Department, unless a Harbor Master has been appointed. (m)"Household pet" means cats, dogs, canaries, parrots and other birds and animals customarily kept as household pets. (n) "Immediate family"means spouse, child, brother, sister, parents, step parents, and step brothers and sisters. (o)(e) "Mooring" means any appliance used to secure a vessel other than to pier or dock, which is not carried aboard such vessel as regular equipment. (p) "Pier" means any wharf or pier and any adjacent or adjoining land, quay, float, structures, or embankment that is intended or normally used for securing a vessel while transferring foods, merchandise and/or passengers to and from land. (q)(-4) "Pierhead line" means the line between the bulkhead and the waterway which line separates the area open for navigation from the area extending outward from the bulkhead in which the mooring and docking of vessels is permitted. The exact disc„nee fi-e ,, the bulkhead to the pierhead line .hall be determined by the Gity Coup shall be as established in the Subdivision Map Nos. 5864, 5865, 5866, 5555, 10557, 6675, 10004, 9738, 4499, 6404, 6847, 5829, 4677, 8040, 7555, 8039, 5775, 11881, 5667, 4880, 4761, 5264, 5132, 5050, 5360, 6429, 5963, 5481, 6808, 12054, 9924, 7850, 9158, 9335, 8636, 9347, 8005, 9357, GALEGISDRRO13.32 10-15.DOCC:.'`l..k.(4 o-, DDR ,olil� 32 10 15 )OG 8 5483, 9356, 8718, and i 1716, excepted as it has been extended into the State Channels pursuant to Resolution Nos. 4835, 5126, 4559, 5908, 5631 and 5797 of the City Council. (r) "Pollutant" shall mean any liquid, solid or semi-solid substances, or combination thereof, including and not limited to: (1) Artificial materials (such as floatable plastics, wood products or metal shavings); (2) Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vessels and engines);. tD (3) Metals and non-metals, including compounds of metals and non-metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic) with characteristics which cause an adverse effect on living organisms; (4) Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants wid grease); (5) Animal wastes (such as discharge fi•om confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields); (6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor; (7) Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils., lubricants, hydraulic, radiator or battery fluids; construction equipment washing: concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing); (8) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon; (9) Materials which contain base/neutral or acid extractable organic compounds; (10) Those Pollutants defined in § 1326(6) of the Federal Clean Water Act; and (11) Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enteroeoccus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State. (s) "Power" means a non-commercial vessel powered primarily by gasoline, diesel or other fueled engine. (t) "Prohibited Discharge" shall mean Discharge which contains any Pollutant, from public or private property to waters of the Haxbor. (u)(g) "Protected swimming area" means an area for swimming set aside by the City Council and designated by or outlined by lines, floats or buoys. (v) "Sail'' means a vessel powered primarily by sail. (w) "Sport fishing boat'' means a commercial recreational vessel used to transport people for non-commercial fishing or pleasure excursions. G:\L.EGISDRF\ch13.32 W_rc_,__DOC- 9 (x)(4) "Turning basin" meads that portion of any channel which has peen so designated pursuant to law and approved by the Federal Government for the purpose of permitting vessels to turn around or permitting their course of direction to be altered. (y) "Unseaworthy vessel" means a vessel without adequate and safe means of propulsion and/or a vessel certified by a licensed marine surveyor to be unsafe and/or which exhibits evidence of being in danger or sinking or otherwise becoming a hazard. (z) "Vessel" means every type of water craft, however powered, that is owned, controlled, operated or managed for public or private use in the transportation of persons or property. Such crafts include but are not limited to ships, boats, barges, seaplanes,jet skis, row boats, skiffs, tenders,tugs and rafts. -(i)(aa) "Waters of a the hHarbor" means all water within the Harbor in which the tide ebbs and flows whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court or otherwise and whether or not the land lying under said tidal waters is privately or public owned. ) (bb)"Wharf'means any wharf or pier and any adjacent or adjoining land, quay, float, strictures, or embankment that is intended or normally used for securing a vessel while transferring foods, merchandise and/or passengers to and from land. "Wharf' shall also include all the area between the pierhead and bulkhead lines. 13.32.030 Administrative authority. The responsibility for enforcement of these this eChapters.and Chapters 1.3.36 and 13.44 is delegated to the Biree-to Harbor Master*)f= GoFa witty See- .iees, and such of his a S authorized inspectors as he may designate to perform said duty, as well as by peace officers having jurisdiction in any area in which violation of any provision of this title takes place. (237� A7/79) 13.32.040 Pierhead Line. (a) No wharf or pier may extend beyond the pierhead line. (b) Any pier or wharf constructed before October 1, 2002 that extends beyond the pierhead line shall conform with this Section within one year of receiving notice from the City of noncompliance with this Section. 13.32.050 Extension of Pierhead Line; Vacation of the Navigable Waterway (a) Upon the petition of all property owners located adjacent to a navigable waterway, the City Council may initiate a proceeding under this Chapter to extend the pierhead line and vacate the channel. (b) upon receipt of such a petition, the City Council may deny it summarily, or alternatively shall: (1) Refer it to the Planning Commission to consider whether the proposed vacation is consistent with the General Plan, and to conduct environmental review pursuant to the California Environmental Quality Act. (2) Require the petitioners to pay a fee in an amount designed to recover the cost of processing the application, which amount shall be set by Council Resolution. (3) Require the petitioners to enter into a reimbursement agreement with the Harbor Master, to offset the cost to the City of obtaining a navigation survey advising whether an extension of the pierhead line would interfere with public use of the channel and safe navigation. GAL.E(JISDRP.ch 13.32 10-15.DOC4 4-144 Sno. „�,rP h 1 DOC 10 At the close of its hearings.,..iL)e Planning Commission shall report to;,,,ie City Council upon the proposed vacation. (d) The City Clerk shall administratively set a vacation hearing before the Council by fixing the date, hour, and place of the hearing and cause the publishing and posting of the notices required by this Section. The hearing date shall not be less than fifteen (15) days after publishing and posting notices. The notices required by this Section shall contain the following: (1) A description of the channel proposed to be vacated and the pierhead line to be extended. (2) A map or plan that shows the portion or area to be vacated. (3) A statement that the vacation proceeding is conducted under this Section. (4) The date, hour, and place for hearing all persons interested in the proposed vacation. (e) Notice of the hearing on the proposed vacation shall be published for at least two successive weeks prior to the hearing. (f) At least two weeks before the day set for the hearing, the notice shall be posted conspicuously along the chaimel to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. (g) At least two weeks before the hearing date, notice of the hearing shall be mailed to all property owners within 1,500 feet of the proposed vacation. (h) At the hearing, the City Council shall hear the evidence offered by interested persons. If the City Cotuicil finds, from all the evidence submitted, that the portion of the navigable waterway to where the pierhead line is,to be extended, is unnecessary for present or prospective public use and safe navigation, the City Council may adopt a resolution vacating that portion of the waterway and extending the pierhead line. The resolution of vacation may provide that the vacation occurs only after conditions required by the City Council have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. (i) The City Clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the County Recorder. Upon such recordation, the vacation is complete 13.32.100 Division 2 - Commercial Activities Permits. 13.32.040110 Permit for commercial activities required. No person shall engage in or carry on any commercial activity on the waters of harbors within the eity the Harbor without first having applied for and obtained a permit for such activity from the Directo Harbor Master. EXCEPTIONS: the requirement to obtain a commercial activity permit is not applicable to persons operating commercial fishing vessels or private vessels chartered primarily for use outside harbors within the city. Said activity shall be prohibited and considered a violation of this chapter and zoning regulations. (237��.4 7179) 13.32.0- 0120 Application for commercial activities permit. An application for a commercial activities permit under this chapter shall be filed with the Directo Harbor Master upon forms provided by the city, and shall contain the following information and such other information as the Directo Harbor Master may require: (a) The name, business address and business telephone number of applicant. G:\LEGISDRF\ch13.32 10 is )0C 11 (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business. (c) The name, address and telephone number of the person or persons who will have general management responsibility for the applicant's business. (d) A drawing of the boat, watercraft, docks, and/or other facility which the applicant proposes to use, together with such specifications and other technical data as may be needed for proper evaluation of the application. (e) A full description of the proposed method of operation of such vessel, watercraft and/or other facility, including but not limited to: (1) House Hours of operation; (2) Maximum number of patrons or passengers; (3) Route or routes of travel; (4) Embarkation and debarkation points; (5) Types of activities to be permitted on board; and (6) Types of merchandise to be sold. (f) A description of the manner in which the applicant intends to dispose of sewage, trash and litter resulting from the operation. (g) A description and location of parking facilities available for the proposed operation. (2374-749) (h) A full description of a plan for monitoring discharge of waste from boats moored, tied or anchored in any facility owned, leased or controlled by the permittee, his employees or agents. The description shall include a method of minimizing waste discharge and the way in which it will be employed and shall provide a detailed description of a means of enforcement. Said plan must provide that no person may use a boat slip, mooring, dock, or any place of any other description where a boat can be secured, which is owned, leased or controlled by the permittee, unless such boats are connected to the sanitary sewer system or equipped with an approved holding tank designed to retain all waste on board. Vessels with holding tanks must, at all times, be treated with dye tablets placed into the vessels' marine sanitation devices. Such dye tablets shall be a type commonly used to test the integrity of sanitary sewer systems and as approved by the Bic-eete Harbor Master as complying with the intent of this section. (3078-11/90) (i) Lessors subject to this seetiei+-Public marinas must include in any lease or rental agreement a provision stating that any violation of this Chapter 13.32, 13.36 or 13.44 will be grounds for termination of the boat slip lease or rental agreement. Said lessof The marina shall agree that a condition of the permit to operate hereunder shall be that no tenant under his control will violate any provision of this section. (3078-11/90) 13.32.0601.30 Filing fee. to A commercial activities permit application as tom,"a-by this e ei--shall be accompanied by a fee in an amount, established by resolution of the City Council, to compensate the city for the administrative costs of processing such application. (23:7 13.32.140 Public liability insurance requirement. No permittee shall engage in or carry-on any commercial activity unless there is on file with the city, and in full force and effect at all times While such commercial activity is being conducted, a certificate of insurance approved by GAL.EGISDRF`: hI31.32 10-I5.DOCGsti ciacnoc',t,iz�2 10 15 DOC 12 the City Attorney's office. ,.,inimum liability insurance coverage sh—, be established by resolution of the City Council. Such public liability insurance policy shall indemnify, defend and hold harmless the city, City Council, elective and appointive officers, employees, boards and commissions of the city while acting within the scope of their official duties against all claims arising out of or in connection with the activity for which the pen-nit was obtained. Failure of any permittee to maintain the insurance required by this section shall constitute grounds for revocation or suspension of this permit. 13.32.0-70150 Grounds for issuance or denial of a commercial activities permit. The DirzeterHarbor Master shall determine whether to issue or deny a permit after considering the following factors: (a) Whether the proposed commercial activity is compatible with the predominant characteristics of the hHarbor and its surrounding area. (b) Whether the proposed commercial activity will comply with the requirements pertaining to noise control contained in Chapter 8.40 of this code. (c) Whether the proposed activity will have an adverse effect on the efforts to keep the hHarbors free of pollution and litter. (d) Whether the vessel or watercraft proposed to be used by the applicant satisfies the applicable standards of the U. S. Coast Guard. (e) Whether the proposed method of operation will create unreasonable traffic problems in the hHarbors which would interfere with the rights of others to use:th the hHarbors. within the city.—(2374 7u-9) 13.32.080160 Commercial Activities Permit--Denial--Appeal. If the Direeto Harbor Master refuses to grant the permit, the applicant may, within ten days after receipt of notice of refusal to grant the permit, file an appeal in writing with the City Clerk. The City Clerk shall set the appeal for hearing before the City Council, and shall give the applicant ten days written notice prior to the date the appeals is to be heard. M37� 74 7749) 13.32.0901.70 Duration of commercial activities permit. Any permit issued pursuant to the provisions of this eChapter shall continue to be valid unless such permit is suspended or revoked. 13.32.4-0001.80 Revocation or suspension of commercial activities. Any cormercial activities permit granted pursuant to the provisions of this chapter may be revoked or suspended by the Dir-ecterHarbor Master, either in whole or in part, after five (5) days prior written notice to the permittee, directing him to appear at a certain time and place to show cause why the permit should not be revoked or suspended on any of the following grounds: (a) That the permittee has made a misrepresentation as to any material fact set forth in the application. (b) That the permittee has not filed adequate evidence of liability insurance coverage with the city, or has allowed its insurance coverage to lapse or be canceled. (c) For the violation of any rule, regulation or condition set forth in or authorized by this chapter. (d) For the violation of any law or regulation of the state, city, county of Orange, or the Orange County Harbor District, relating to the operation of the business by the permittee or any of his employees. (2Z�P, GALEGISDRR613.32 10 15 DOG 13 13 32 110 Publie liabil .aTsur—anee No pci-mit4e ., eRgage in of eafi�y' on y, and in ftill for-ee and effeet at the Gity i, offiee. Minimum liabilit, eoverage shall be established by ,, employees, beafds and shallittee to maiatain the ins red by this seetion b ion OfthiS pefl:nit—/727C�._7/79 1.3.32.200 Division 3 - Dock permits. 1.3.32.210 Dock Permit Required for Construction or Alteration. No person or agency shall build, maintain, extend or make structural alterations on any building, dock, pier, piling, bulkhead, sea wall, reef, breakwater or other structure in, upon or over the waters of the Harbor, or do any filling, excavating or dredging in said waters without first obtaining a Dock permit to do so from the City. The Department of Public Works shall issue dock permits. When issuing a permit, the Public Works Department shall follow the provisions of the Uniform Building Code, including its fee schedules. 13.32.220 Application procedure. An application for any dock permit shall be filed with the Public Works Department on a form provided by the City and shall show the proposed work to be done. Dock permits shall be accompanied by drawings prepared by a registered civil engineer prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the_proposed work. Section 13.32.230 Processing of Application. (a) The application and plans and specifications shall be reviewed by the Public Works Department to deternine whether the proposed work meets all the requirements of the Uniform Building Code and any standards and policies adopted by the City Council for such construction or work. The Public Works Director or his designee is authorized to approve and issue permits for new structures and for revisions to existing structures that conform to the provisions of this Division, standard harbor drawings approved by the City Council, or harbor permit policy adopted by the City Council: (b) The application shall be denied if. (1) The application does not conform to the provisions of this Code, standard harbor drawings approved by the City Council, or the harbor permit policy adopted by the City Council; or (2) The proposed application is likely to create navigational congestion, or otherwise interfere with the rights of other harbor permittees within the Harbor, or other oceanfront property owners. (c) A separate permit must be obtained from the Building Official for any plumbing or electrical work on structures. Section 13.32.240 Required Approval by Corps of Engineers. Prior approval of the U.S. Corps of Engineers will be required when: (a) Work extends beyond the U.S. pierhead line; G:1L.EGISDRF\ch13.32 10-1'.DOCG!\!,F.GISDRP-.cl,,3_2 10 15.00C 14 (b) Solid filling or a solid structure is constructed beyond the U.S. bullhead line; (c) Harbor lines have not been established in the area by the U.S. Corps of Engineers. Section 13.32.250 Revocation of Permit. (a) Ground for Revocation. Any permit heretofore or hereafter granted for any structure or work in the waters of the Harbor or may be revoked by the City Council upon any of the following grounds: (1) The work or structure has become detrimental to commerce, navigation or fishing; (2) The work or structure is detrimental to the use, operation or development of the harbor; (3) The work or structure does not comply with the permit or does not meet the standards adopted by the City Council for such work or stricture; (4) The work or structure has fallen into a state of disrepair; (5) The space occupied by such work or structure is over publicly owned land and such space is to be devoted to a public use; (6) The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted. (b) Any such permit shall be revoked only after a public hearing before the City Council at which the penmittee has an opportllnity to be heard. At least ten days' notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of hearing. (c) The City Council may preside over the hearing or, in the alternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the Public Works Director findings and recommendations. The decision of the Public Works Director shall be final. Section 13.32.260 Structure Without Permit Declared a Nuisance--Abatement. (a) Every structure maintained in or over the waters of the Harbor without a current valid permit existing therefor when required by this Chapter, or maintained in a manner or for a purpose other than or different from that provided in the permit, shall constitute a nuisance and shall be immediately abated and may be removed following notice and hearing. (b) No stricture shall be declared a nuisance except after a public hearing before the City Council «here the owner has an opportunity to be heard. At least ten days' notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of hearing. GALEGISDRF•613.32 10 is DOG, 15 (c) The City Coun,;n may preside over the hearing or, in the .1ternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. (d) If upon written notice to remove any such structure the owner thereof fails, refuses or neglects to do so within a reasonable time specified in the notice, being not less than five nor more than thirty(30) days after such notice, the City shall abate or remove it and the cost thereof may be recovered from the owner of such structure in a civil action. G:\LFGISDRF1ch1'32 10-IJ.I.X)C� :'`�,cracrioc .i,iZ�� 10 is DOG 16 Huntington Beach Municipal Co.- 13.36.010--13.36.060 Chapter' 13.36 BOATING REGULATIONS (1430-9/68, 1634-3/71, 1806-2/63, 2287-8/78, 2374-7/79,2463-12/80,2786-9/85, 2924-12/87, 2951-8/88) Sections: 13.36.010 Towing prohibited in Huntington Harbour 13.36.020 Speed limit 13.36.030 Launching and hauling 13.36.040 Damaging hHarbor property 13.36.050 Aircraft landings 13.36.060 Airboats prohibited 13.36.070 Bulkhead !in Operation of vessel within posted swim area 13.36.080 Mooring of vessels 13.36.090 Time limit for mooring 13.36.100 Mooring of non city-owned vessels to public docks. 13.36.110 Board vessel without permission 13.36.120 Tampering with vessel 13.36.130 Vessel tie-up method 13.36.140 Direct fueling prohibited 13.36.150 Living aboard pfohibited 13.36.160 Abandoned vessel--Removal of 13.36.170 'oolong vessel without pe..,,,;ssie Operation of a vessel within posted swim area 13.36.180 Sunken and abandoned vessels 13.36.190 Drift Materials: Care and Sale 13.36.200 Unseaworthy vessels 1336.210 Obstructing Piers and Wharfs 13.36.220 Damaging Public Property 13.36.230 Purpose of Regulation of Live Aboards 13.36.240 Permit Required 13.36.250 Application for Live-Aboard Permit 13.36.260 Issuance of Pen-nit 13.36.270 Conditions/Regulations 13.36.280 Use of Pumpout Facilities 13.36.290 Discharge Lou 13.36300 Suspension and Revocation 13.36.010 Towing prohibited in Huntington Harbour. No person shall tow from a vessel in the waters of Huntington Harbour any person in the water or on any object, other than a vessel, except where permitted in a designated special use area or during a special event authorized by the Dife ter of the r,,.r.,,unity Services Pep ,,.r, ent Harbor Master. (4806 2/63) 13.36.020 Speed limit. No owner, operator or person in command of any vessel, except a Police Officer, Fireman or Lifeguard in the performance of his duty, shall operate any vessel or permit any vessel to be operated in any portion of any harbor at a rate of speed in excess of five miles per hour, or in any such manner or at any rate of speed which would endanger the safety of persons or property. (1634 341) 13.36.030 Launching and hauling. No person shall launch or remove any vessel from the waters of r =tlie Harbor over any public seawall, sidewalk, street or public property, except at locations where launching or removing vessels is conducted by a regular business which has the necessary equipment to do such work, or in those areas designated by the Director and posted for such purposes. Any launching site so designated and posted may be regulated by resolution of the City Council as to hours of launching, size of vessels to be launched, types of vessels to be launched, and the method and apparatus to be used in the launching. (-1430 9168) 17 13.36.040 Damaging hHN_oor property. No person shall willfuh, or negligently destroy, damage, disturb or deface or interfere with any buoy, float, life preserver, sign, navigational marking, mooring or similar property owned or used by the city or under the jurisdiction of the city or any other governmental agency. (143e 9/68) 13.36.050 Aircraft landings. No person shall navigate on or land on or take off from the waters of a harbor with any aircraft. (143e-9/68) 13.36.060 Airboats prohibited. No person shall operate on the waters of any harbor under the control of the city any vessel which is operated by mechanical air propulsion above the surface of the water. (1430 5163) 13.36.070 Bulkhead lines. Pierhead and balkhead lines are established foi-the 14Hifitigton Harbour area as said lines a e s.—-_ — (,I ibed in the feeoFds on tile in the offiees of the- 13.36.070 Operation of vessel within posted swim area. No vessel shall operate within any posted or buoyed swim area or any swimming beach whether or not swimmers are present. 13.36.080 Mooring of vessels. No owner, operator or person in command of any vessel shall tie up or moor any vessel more than three (3) feet beyond the end of its dock, and in no event, beyond the pierhead line. without p, t a by the Director e pt to lead , ,a;�.,,1,,fge V V�1 L1fV LIL LL t✓llllll 1.TJ Lit.�Cl � kt63^-�� In determining the length of the vessel, for purposes of this section, a vessel's bowsprit or bow pulpit shall be considered as part of the vessel's length, as well as any swim steps, outboard engines, dingy davits or other accessories which are attached to a vessel's stern. 13.36.090 Time limit for mooring. No owner, operator or person in command of any vessel shall tie up or moor any vessel at a public dock, float, wharf, sewer pump-out station, or other facility owned, leased or controlled by the city of Huntington Beach in excess of the time posted therefor. It shall be the duty of the Director of Community Sefv; Harbor Master to establish such time limits and to post signs giving notice thereof. (2786 W85 2287 9/78) 13.36.100 Mooring of non city-owned vessels to public docks. No owner, operator or person in command of any non city-owned vessel shall tie up or moor any such vessel at a dock, float, wharf or other facility owned, leased or controlled by the city of Huntington Beach without prior the Dii-e.te +the Community Se!-view r,epartv,,�„tthe Harbor authorization in writing from Lll„ L/11 V\:L\Jl �l Lf11. � , Master. (2287-3t78) 13.36.110 Board vessel without permission. No person shall climb into or upon any vessel moored, docked or anchored in the harbors of the city without the consent of the owner or other in charge thereof, except that in the event of an emergency,public safety personnel may board any vessel to preserve health and safety. (23 T 749) 13.36.120 Tampering with vessel. No person shall wilfully injure or tamper with, or break or remove any part of or from any vessel in the city, or tamper with the lines securing any such vessel, without the consent of the owner or other person in charge thereof. (237 13.36.130 Vessel tie-up method. Every vessel lying at any pier in any harbor of the city shall be fastened thereto with lines, at least from the bow and stern, and in such manner as to insure the security of such vessel. No permittee, or his authorized representative, shall permit or allow any vessel under his control, lying at any pier to be fastened in a manner other than that set out in this section. (237C� A 7179) 13.36.140 Direct fueling prohibited. No person shall fuel any vessel with any petroleum product directly from a tank wagon or truck. (237 GALEGISDRR613.36 10-15.DOC 18 M 1 2 36 1 50 Livine .,i.o.,..,aor-40,.,meer- of in a ha-be f ; the y .s, of seventy two (72+ designated reofesentatives, together with any Peaee .. violation of this seetion is eefnmitted-.-�� 13.36.160 Abandoned vessel--Removal A The chief of police, or his authorized agent, may remove, or cause to be removed, sell, destroy or otherwise dispose of any hulk, derelict, wreck or parts of any ship, vessel or other watercraft deemed "abandoned," as defined in section 522 of the California Harbors and Navigation Code, from any inland waters owned, operated and/or controlled by this city, including any public or private docks or slips therein in accordance with the procedure set forth in said section 522. (2374-7179) 13.36.170 Docking vessel without permission. No person having charge of any vessel shall make the same fast to any pier, dock or slip in the harbors of the city, or permit the vessel to remain at such location after finishing loading or unloading such vessel, without the consent of the owner, agent, or person in charge on any such pier, dock or slip. (2951 8188) 1.3.36.180 Sunken and abandoned vessels. The owner of any vessel which sinks within the waters of the Harbor, or becomes beached within the Harbor shall have such vessel removed as soon as possible at his or her own expense. Owner shall also be held responsible for any property damage, injury, or loss of life caused by said vessel while it is in a sunken, abandoned, or disabled condition. (a) Reimbursement to City for removal. If the owner of a sunken vessel fails to remove the same as required by this section, the City may have the vessel removed at the owner's expense and the owner shall reimburse the City for all costs incurred in connection with the removal or pollution remediation efforts. J (b) Failure of vessel owner to claim abandoned vessel. If no person claims an abandoned vessel within 72 hours after the expiration of 30 days from the date of abandonment as defined, the vessel shall be declared abandoned. The City shall remove such abandoned vessel to drydock (if feasible) and proceed to sell or demolish the vessel as provided by law. (c) Vessel owner option to claim abandoned vessel. The owner of an abandoned vessel may redeem the vessel before sale or dernolition occurs upon satisfactory proof of ownership and payment to the City of all costs of mooring, moving, storing and selling of that vessel incurred prior to redemption. 13.36.190 Drift Materials: Care and Sale. All vessels, portions there-of, timber, or other articles found adrift, sunken, abandoned, or a hazard to navigation, within the waters of the Harbor, and not in the lawful possession or control of some person, shall be immediately delivered to the Harbor Master in whose custody they shall remain until claimed by the proper owner. Such owner shall pay all expenses incurred by the Harbor Master in connection therewith., including a charge for keeping and storing same. If such vessels, timbers, or other articles are not claimed within sixty (60) days, and the charges are not paid for therefor as provided in this section, the Harbor Master may sell such property by giving at least ten(10) days' previous notice of such sale by one (1) insertion in a newspaper printed and published by the City. Such notice shall describe the property briefly and give the place, hour, and day of the proposed sale. 13.36.200 Unseaworthv vessels. (a) The City declares that any vessel or property which is unseaworthy, sunk, or submerged, is a hazard to life, limb, and property and constitutes a public nuisance. (b) Vessel condition. Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If,based upon the 19 appearance of the vessel, h—pection by the Orange County Harbor l—rol or other facts, the Harbor Master has to cause to believe a vessel is not seaworthy and operable, the Harbor Master shall give written notice to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbor master that the vessel assigned to the mooring is seaworthy or operable. In the event that the Harbor Master determines that vessel is not seaworthy or operable, the permittee shall: (1) commence repairs within thirty (30) days of written notice of such determination and complete repairs within ninety(90) days of the commencement unless the Harbor Master, upon written request from permittee specifying the reasons therefor, approves an extension of time to complete the repairs, or(2) removes the vessel referenced in the notice within thirty (30) days and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days of the notice. This section is not intended to apply to any brief period of repair common to most vessels. The Harbor Master may repeat his request to test operability as needed. (c) Removal of vessel. Any vessel permitted by her owner(s) or master to fall into the conditions described in this section due to neglect or lack of proper maintenance and repair may be treated in accordance with California Harbors and Navigation Code Section 522, et seq, and may be removed from the water by the Harbor Master and sold as provided by state law. (d) Unseaworthy vessels not to be launched. Vessels determined to be unseaworthy by the Harbor Master shall neither be launched from City facilities, nor be allowed to dock within the Harbor. (e) Proof of secure mooring attachment. At the discretion of the Harbor Master, the City may inspect the mooring connection point on board any vessel to verify its strength and safety. 13.36.21.0 Obstructing Piers and Wharfs. It shall be unlawful for any person to obstruct the free and easy access to, and departure from, any portion of any public or private pier, or wharf at any time. 13.36.220 Damaging Public Property. It shall be unlawful for any person to willfully or carelessly destroy, damage, disturb, deface, or interfere with any buoy, float, life preserver. sign, notice, or any other municipal property under the jurisdiction of the City. 13.36.230 Purpose of Regulation of Live Aboards. The City Council of the City of Huntington Beach finds and declares as follows: (a) Huntington Harbor is a heavily used marine recreational area with thousands of residents living in close proximity to the water; (b) Heavy recreational use of the harbor has contributed to a deterioration in water quality and the City is engaged in an ongoing effort to reduce the amount of human fecal matter discharged into the Bay; (c) Persons living aboard vessels are required to utilize the vessel's marine sanitation device and this presents a risk of discharge of human fecal matter into the Bay in violation of local, state and federal laws; (d) Persons living aboard vessels do not have access to landside support facilities such as parking spaces, trash disposal and other amenities normally associated with residential uses and, an increase in the number of live-aboards, if unregulated, could increase the demand for already scarce waterfront parking space, and increase the amount of trash and debris deposited in the Bay; and (e) The ordinance codified in this Chapter will promote the public health, safety and welfare by regulating the length of time persons may live aboard vessels, and insuring, to the extent G:\LEGISDRF\chl3.36 10-15.DOC 20 possible, that this residenti.� use does not result in the discharge of roman waste or otherwise adversely impact the health, safety and welfare of those that visit, work around, or live near, the Bay. Section .13.36.240 Permit.Required. No person shall live-aboard any vessel without first having obtained a live-aboard permit from the Harbor Master. A "live-aboard" is defined as one or more persons present on a vessel for substantially all the hours from two hours past sunset to one hour before sunrise. Section 13.36.250 Application for Live-Aboard Permit. (a) An application for live-aboard permit shall be filed with the Harbor Master upon forms provided by the City and shall contain the following information: (1) The name of the pennittee and the name or names of all individuals to be living aboard the vessel; (2) All pertinent information relative to the vessel including, but not necessarily limited to,the name of the vessel, the registration number of the vessel assigned by the Department of Motor Vehicles or the United States Coast Guard, the make and model of the vessel, the length of the vessel; (3) The make, model, and holding tank capacity of the marine-sanitation device installed in the vessel; (4) The address and phone number where the permittee or other adult living-aboard can be contacted during regular work hours or when not occupying the vessel; (5) All applications shall be accompanied by a fee established by resolution of the City Council, but the fee shall not exceed the cost to the City of administering this chapter. (6) Other information the Harbor Master reasonably believes is necessary or helpful to the efficient administration of the provisions of this chapter. (b) The submittal of an application for live-aboard shall be deemed consent by the owner of the vessel to any inspection necessary to confirm the accuracy of the information in the application. Section 13.36.260 Issuance of Permit. Upon receipt of an application for a live-aboard permit, the Harbor Master shall investigate the information contained in the application. The Harbor Master shall deny the application if: (a) The vessel which will serve as the principal residence is not equipped with a fully- operational sanitation device sufficient in capacity to insure no discharge of human waste into the Harbor; or (b) The vessel is incapable of safely maneuvering under its own power, whether by sail or engine, from the mooring to the open waters of the Pacific Ocean and back to the mooring. Section 1.3.36.270 Conditions/Regulations. (a) Live-aboard peiinits shall be valid for three (3) days. No live-aboard permits for the same vessel may be issued less than seven (7) days after expiration of the prior permit. 21 (b) The Harbor Master �aiall have the power to promulgate rules ,.,.id regulations to insure that the purposes of this Section are satisfied. Each live-aboard permittee shall comply with these rules and regulations. Compliance shall be considered a condition to each live-aboard permit. Section 1.3.36.280 Use of Pumpout Facilities. Live-aboard permittees shall use pumpout facilities on a regular basis or otherwise discharge human waste in a legal manner. The permittees and others living aboard pursuant to permit shall not deposit any garbage or trash in the bay or on property surrounding the bay except in trash receptacles. Section 13.36.290 Discharge Log, Each Live Aboard permittee shall maintain a log relative to the use of pumpout facilities. The log shall contain the date,,time, and location waste was discharged. The discharge log shall be available for inspection by the Harbor Master, or his designee, at all reasonable hours and upon request. Section 13.36.300 Suspension and Revocation. Any Live Aboard permit granted pursuant to this chapter may be revoked by the Harbor Master upon a determination that: (a) The permittee has violated, or failed to comply with any of the provisions or requirements of this Chapter, or Chapters 13.32 or 13.44; (b) The permittee has discharged raw or treated sewage into the Bay or otherwise violated the provisions of Chapter 13.44; (c) Permittee has failed to pay any fee required to be paid pursuant to the provisions of this chapter and/or resolution of the City Council; or (d) The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare. or peace of any person. GALEGISDRF\ch I3.36 10-15.DOC 22 Huntington Beach Municipal Coin 13.44.010--13.44.060(c) Chanter 13.44 HARBOR SANITATION (1430-9/68, 1792-1/73, 2374-7/79) Sections: 13.44.010 Deposit ^{refuse .,,-ohi, Prohibited Discharge 13.44.020 Discharge of toilets prohibited 13.44.030 Discharge of flammables prohibited 13.44.040 Signs prohibiting waste deposit 13.44.050 Storage on shoreline prohibited 13.44.060 Vessel wastes 13.44.070 Marina pump-out facilities 13.44.080 Dead knifna , Refuse--Marinas and Piers 13.44.090 Heads and Holding Tank 13.44.100 Cleaning Vessels 13.44.010 Deposit of refuse prohibited Prohibited Discharge. (a) No person shall cause, allow or facilitate any prohibited discharge. —(a)(b)No person shall throw, discharge, deposit or leave, or cause, suffer or permit to be thrown, discharged, deposited or left, any rubbish, dead animals, cans, receptacles, bottles, papers, food, animal or vegetable matter, rubbish, trash, garbage, or any decaying or putrid matter, refuse matter or any waste matter whatsoever into the waters of a hHarbor, or upon any public pier, wharf, seawall, bulkhead, float, beach jetty or street leading to such fileilit the Harbor, except in waste receptacles designated for such purposes. (14,0-w68) (c) No person shall discharge, or cause, suffer, or procure to be discharged or deposited, material of anv kind in any place or any banks of any waters of the Harbor where such discharged material shall be liable to be washed into the waters of the Harbor either by ordinary or high tides, or by storms, floods, or otherwise. (d) No person owning, managing, controlling, operating, navigating or otherwise handling any vessel shall discharge, or cause to be discharged, any ballast water, bilge water or waste water containing or contaminated with any crude petroleum, refined petroleum, engine oil, or oily byproduct within the waters of the Harbor unless such ballast water, bilge water or waste water is discharged into suitable and adequate settling basins, tanks, or other receptacles. (e) No person shall dump any kind of material into the Harbor, or throe-overbroad, or set adrift, or permit to set adrift anything that is, or might become, obstructive or dangerous to navigation. 13.44.020 Discharge of toilets prohibited. No person shall discharge, or permit, cause or suffer any person on a vessel under his control or command to discharge any human or animal waste or excreta from any head,toilet or similar facility or by any other means whatsoever into the waters of a harbor. (1430 W68- 13.44.030 Discharge of flammables prohibited. No person shall throw, discharge, deposit, pump or leave or cause or permit to be thrown, discharged, deposited, pumped or left either from the shore, from any pier or vessel or from any other place whatsoever, any oil, spirits or any flammable liquid into the waters of a harbor. (1430 9/68)) 13.44.040 Signs prohibiting waste deposit. The owner or operator of any commercial docking facility or marina located on the waters of a harbor shall install and maintain at his own expense G:\LEGISDRF\ch 13.44.DOC 23 in conspicuous locations O�. Lhe premises, signs to inform the public „i*the regulations prohibiting the discharge or depositing of any waste or refuse in the waters of a harbor. Uniform standards and specifications for the design, lettering and general locations of such signs shall be prescribed by the Difeetei- of Community Sei-view Harbor Master. (1430-9/68) 13.44.050 Storage on shoreline prohibited. No person shall place or allow any abandoned vessel, boat or material, garbage, refuse or timber or waste matter of any type whatsoever to remain on beaches, piers, wharves,jetties, groins, bulkheads, seawalls, floats or shoreline of any harbor. (143e W68) 13.44.060 Vessel wastes. No person shall own or operate a vessel equipped with any head (toilet) or receptacle for human body wastes in the waters of a harbor unless: (a) The vessel is also equipped with a holding tank designed to retain all human body wastes deposited in said head or receptacle until such time as the sewage can be discharged into a sanitary sewer system or discharged otherwise in accordance with law; or (b) The head or receptacle is connected directly to a sanitary sewer system; or (c) The head or receptacle is connected to an on-board sewage treatment system which produces an effluent meeting such standards as may be approved by the county health officer for discharge into the waters of a harbor. The effective date of this section shall be January 1, 1974. (17 2 1/73) 13.44.070 Marina pump-out facilities. The owner and operator of every commercial marina shall provide a permanent holding tank pump-out facility or equivalent service which is operable and available for use at all times and which is capable of servicing all vessels berthed, docked or moored at the marina. The effective date of this section shall be January 1, 1974. (17�92 V73) along13.44.080 Dead anim2!-2. No pefsen shall thr-ow,plaee- or leave, an), dead animal Of putfe4�441g matter- of any kind in the _"any harbor,�A,ithin the eity of: on ei- the shore ther-eef! the . y rTOT-T-ITI"07 13.44.080 Refuse--Marinas and Piers. Any owner or operator of a marina or any owner or permit holder who maintains a pier, shall keep the area in and around such marina or pier located on the shorelines of Newport Harbor within the City reasonably free and clear from beached or floating refuse, debris or litter at all times. (Ord. 1468 § 1, 1972) 13.44.090 Heads and Holding Tanks. (a) In order to enforce the provisions of this Chapter and to safeguard and protect waters of the Harbor from contamination, the owner and/or person in charge of any boat or vessel entering or staying in the waters of the Harbor shall, as condition of entering and/or remaining in the Harbor waters, allow City personnel to board the vessel and place dye tablets into the vessel's marine sanitary device, and to perform a test or test to ensure that the marine sanitary device is in such a condition as to prevent any contaminants from being discharged in the waters of the Harbor. It shall be unlawful for any person to deny City personnel access to a vessel for purposes of placing dye tablets into the marine sanitary device, to refuse or interfere with testing of the marine sanitary device by City personnel, to tamper with or remove while in City waters any dye tablet placed in a marine sanitary device by City personnel, or to place any substance in the marine sanitary device with the intent to interfere with the enforcement of this section. In addition to the penalties prescribed herein and in subsection (b), the Harbor Master shall have the authority to order any owner or person in charge of any boat or vessel upon which any act or omission specified herein has occurred, to immediately remove such vessel from the Harbor. GALEGISDRF chI3.44.DOC 24 (b) In the event that the Harbor Master observes or receives information that any vessel is discharging into the waters of the Harbor any liquid Or solid material from or through its marine sanitation device, marine holding tank or related or connected equipment in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to subsection (a) of this section, or has tampered with or removed dye tablets placed in the sanitation device, or if the owner or person apparently in charge does not permit or interferes with the placing of dye tablets or performance of any testing of the marine sanitation device by the Harbor Master required by this section, then the Harbor Master or any harbor patrol officer shall locate, if present on the vessel, the owner or person in apparent control or possession of the vessel and present the evidence of discharge, tampering or removal, refusal, interference and offer that person the opportunity to respond to or rebut the evidence. The conference shall be informal. If after the informal conference, the Harbor Master or harbor patrol officer concludes that the discharge emanated from the subject vessel, or that tampering or removal of the dye tables has occurred, or that the placing of dye tablets or testing of the marine sanitation device has been refused or interfered with, the Harbor Master or harbor patrol officer shall issue an order barring the vessel and the person owning and/or in possession of the vessel from entering the waters of the Harbor on the subject vessel, and any other vessel under the person's ownership or control. In the case of discharge, the order shall be for a period of one (1) year, effective immediately. In the case of tampering or removal of dye tablets or refusal or interference with the placing of dye tablets or performance of testing, the order shall be for a period of two (2) years, effective immediately. The order shall be made in writing and delivered personally to the subject vessel owner and/or person in apparent control unless actions of the owner or person in control make such delivery impractical or infeasible. Where personal delivery cannot be made, a copy of the order shall be sent by first-class mail, postage prepaid, to the address of the person to whom the vessel is registered. The order may be appealed pursuant to the provisions of section. (c) No person shall discharge any vessel and it shall be unlawful for any liquid or solid material to be discharged from or through a vessel's marine sanitation device or marine holding tank into the waters of the Harbor in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to this section. (d) Notwithstanding the provisions of subjections (a)through (c) of this section, no violation , of this section shall occur where a vessel mechanic licensed to do business in the Harbor complies with the following requirements: (1) notifies the Harbor Master the vessel name, its location and the type of repair requested prior to commencing repairs; (2) notifies the Harbor Master that the holding tank of the vessel on which he intends to conduct repairs has been pumped out, or provides an explanation of why the tank cannot be pumped out prior to commencing repair work; (3) notifies the Harbor Master prior to conducting a test flush, at which time a Harbor Deputy, shall be sent to the vessel to observe the flush, or if a Harbor Deputy is not available within a reasonable time, the Harbor Department may authorize the mechanic to proceed with the flush as agent for the Harbor Department; and (4) notifies the Harbor Department when all repairs have been completed and the mechanic or vessel owner or other person in charge is present at the vessel while new dye tablets are placed in the head(s) and a test flush is conducted. A discharge which occurs during such repair or tests conducted to confirm the successful completion of the repair shall not result in liability or penalty to the mechanic or vessel owner or other person in charge, provided there is compliance with the foregoing requirements. 1.3.44.100 Cleaning Vessels. (a) No person shall clean a vessel, including scraping its hull, without installing a boom underneath it. All solids collected in the boom shall be disposed in trash receptacles. (b) The Harbor Master is hereby authorized to adopt the regulations on the use of cleaning detergents and solvents in order to prevent the discharge of pollutants into the waters of the Harbor. G:\LEGISDRF\ch 13.44.DOC 25 (c) Operators of all mb,.nas in the Harbor shall prominently dis�p.ay this regulation on signage at the entrances to the docks. G:\LEGISDRF\ch I3.44.DOC 26 ATTAC H M E N T #3 Huntington Harbour Meeting Page Five October 23, 2002 Question: What percentage of the city's $31 million in property taxes come from Huntington Harbour residents? Answer: A$1.5 million home in Huntington Harbour generates approximately $1,575 per year in property tax revenue to the city. Most of your property tax goes to the state, county and school districts. It cost the city $1,800 per home in Huntington Beach just for public safety services. Question: Your memo states that dredging should be done to maintain 8 ft. depth mean high tide, that's shallow! (Note: Mr. Hagan should have said "The dredging for city channels should be 8' at channel center at mean low tide"). Question: It would be better to postpone the City Council meeting of November 6`h for a month to afford people more time to look at staff report (Request for Council Action). Answer: Staff has direction from Council to bring this issue to their November 6a' meeting. At that time, Council will review staff report and your comments to determine whether to proceed with this issue. Question: How much of the personal property tax we pay on our boats does the city get? Answer: The city's share of personal property tax on boats registered in Huntington Beach zip codes is about $292,000 per year. The total generated is about $1.9 million per year, of which most goes to the state, county and schools. Question: Our Homeowners Association pays $12,000 annually to the state for our lease of state lands on the main channel, what is that money used for? Answer: This question needs to be referred to the State Lands Commission since they collect the revenue from property owners. State Lands only gives revenue to local agencies through their grant program and we have not received any for Huntington Harbour dredging or enforcement. Question: Why does the city want to enforce the pier head line now, after 30 years of not enforcing it? Answer: The pier head line issue has surfaced several times over the last 30 years and each time the city could not decide what to do about enforcement. The city is again responding to citizen complaints about enforcement of the pier head lines. Pier head lines mark the public right of way; people who encroach into the pier head line are using public property for their own private 5 Huntington Harbour Meeting Page Six October 23, 2002 use. Also there are liability issues the city may incur if it knows people are encroaching into the public right of way and chooses to ignore it. Question: What is the business process? What is the rush? Answer: I don't think the city wants to rush, but it does need to decide how it will enforce the Clean Water Act and address other harbor issues. This is the start of that process. Question: How did people find out about this meeting? Answer: All of the Homeowners Associations were notified of this meeting. This was not a public hearing where everyone was notified by mail. This is an informal meeting to get your ideas. You will have the opportunity to be part of the public hearing. There will be at least two public hearings before any fee ordinance is adopted. We will try to schedule additional informal meetings and get your comments on the fee study. Question: Is there a perception of a safety issue with regards to the pier head lines? Answer: There has been no claims against the city, that I know of, regarding safety issues with the pier head lines. However, if something happens in the future it can be a liability problem for you and the city since the public waterways are owned by the city. You are using public property by encroaching. The city has to respond to the complaints. Statement: I heard there were only one or two complaints directly made to City Attorney Gail Hutton. Why are you responding to only a few complaints? Answer: There has only been one or two formal complaints, however, there have been many more informal complaints that people don't want to formalize because they don't want to fight with their neighbors. I don't have exact knowledge of how many complaints there are. Additionally, advocacy groups have become involved with regards to public access and they are watching the city and how it handles the pier head line issue. Question: There was a proposal for a permit fee to allow pier head line encroachment. Was it the city's original plan to look at some kind of encroachment permit to allow those boat owners to pay a fee? 6 Huntington Harbour Meeting Page Seven October 23, 2002 Answer: There was a plan to do that, however we don't think we can legally do that. The only way we could allow extension of the pier head line is by vacation of the right of way, similar to a street vacation. Question: Has the City investigated accidents involving the pier head lines? Answer: I have not heard of any but we will make a request of our Risk Management Office for that answer. Question: For the last 30 years boat owners were not made to pay for dredging. Why now? Answer: The city has always piggy backed on the county dredging of the main channels. However, the county has not been able to fund any dredging projects and consequently the city has not been able to piggyback on county funded dredging. We are currently in meetings with the county and it looks like we may be getting them to do the dredging they are responsible for and the city then could piggy back on that project to do the city channels. Question: Has there been an impact study on what would happen if the city adopts new fees for boaters in the harbor? Answer: This is part of the fee study that should be done in the spring 2003. Question: Ten years ago there was a contamination issue in Avalon. It was proven that the estuary dumps into the harbor there and the clean water problem was actually caused by pigeons and other birds. Has anyone looked at the affect the bird poop in Bolsa Chica has on water quality in Huntington Harbour? Answer: The city needs to determine the cause of the contamination in the harbor. City staff feels that 70 percent of problem is from storm drains and channels into the harbor and 30 percent from boating activity in the harbor. Question: If waterways are public, shouldn't it be a public assessment, not just boaters? Answer: Staff estimates that 60 percent of the use of beaches and waterways in Huntington Harbour comes from people outside Huntington Harbour. Although it would be nice to get money for dredging and enforcement through a ballot measure, we don't believe people throughout the county will vote for it. 7 Huntington Harbour Meeting Page Eight October 23, 2002 Question: Are you pursuing state and federal funds to help with these issues? Answer: Yes, we have grant applications into various state and federal departments. We are actively pursuing state and federal funding. Our problem is that Huntington Harbour is considered a Pleasure Craft Harbor. There is no national security, commercial, or economic interest to qualify us for most state and federal grants. Question: What does the Orange County Harbor Patrol enforce? Answer: The City had a meeting with the Harbor Patrol yesterday. They reinforced with us that they only enforce boating rules and regulations and criminal activity. The Harbor Patrol does not enforce water quality issues, leaking holding tanks, unpermitted docks, zoning codes or pier head lines. Question: If the city adopts this ordinance will you hire new Enforcement Officers? Answer: If the Council adopts the ordinance, we may have to hire new enforcement officers who would enforce from an enforcement boat on the water. We now have new technology. We can now look on a computer and identify code violations through the City's GIS (Global Information Systems). It is not yet determined exactly how the enforcement will take place. Question: Taxes on fuel—they are spent on road taxes. Can taxes for fuel for boats be earmarked for harbor? Answer: The state has control over these funds. Most of that money goes to harbors and ports associated with commerce. Pleasure craft harbors are among the lowest funded within the state. Question: The city has chosen to ignore the pier head line issue for 30 years. The City Attorney brought up the matter of pier head line extensions eight years ago. That was all about money. Now the city wants to enforce the pier head line based on safety issues. The city needs to come up with reasons why the pier head line should not be extended. Are there really safety issues? The Corps of Engineers or the City should do a serious study to see if the harbor is OK as it is. Homeowners should not pay for that. Will the city do this? Answer: You are right, the city has not enforced the pier head lines for the last 30 years. That doesn't mean the city should keep ignoring the issue. Maybe a pier head line safety and navigation study should be done, however that's not the direction we are going in. The city's current direction is to enforce the pier head lines as established by the tract maps for the development of Huntington Harbour. 8 Huntington Harbour Meeting Page Nine October 23, 2002 The meeting concluded at 8:00 pm. Mr. Rudy Martinez requested that the statements he presented in note format be added to the record as follows: ✓ City did not give adequate notification for meeting. ✓ Who has jurisdiction over the main channel as Trinidad pays $12,800 per year on lease to State Lands? Do we need to pay for maintenance? ✓ We don't believe the subject of pier head line violations and silt buildup in City channels in the harbor belong on the same page. ✓ We don't believe there are increasing complaints about pier head line. ✓ Why don't you tell us how much you are trying to spend? ✓ We believe that the cost for a marine patrol with equipment and insurance and 100 other related costs be more than collected. Always it will have runaway costs therefore, requirements for constant increases on the tax every year. ✓ How does the city make a distinction between public streets and public waterways? ✓ The City has not made a decision yet. But it keeps moving forward. It seems like the City is feeling its way they have to tax us and which is the best way, Note: Each member who has filled out a speakers form, or given his or her address in other formats including, apiece of paper with their name and address, or a business card will be given a transcript of the notes of this meeting. RH:gc 9 i i yQ 1 I MINE 3®®� , e4 ��iili\ ,!!�a�' A �� ♦ w® ®�®®®�'o III _ o ��/!fin!!%/E ��I . S ees��rP°AS°° �iOQo P®999999YaopppOO� wee �� F•As®�dt®� •.� gppp�� i�io� �. moo ♦� o��r__ �,��/��0`��~� � �� w 000vq�ee►Fd e�eee oQ ��a ♦ o��w� < ''''spa ,' /4 �a tea.. p00000 �pp`�©f'O®Ob�d� �4"opw� MR Ion Asia► J �� ,O s<o�w ♦ es A 0 e V n MEo 1.� ��; � ,des•�� ., o®s o �e .�� o�'e eoao a ®oQ MoM9 11 3 0� Ao eA �*�O o®off.v e O ��►� / � °voo°s°s�°oo®s�e�o'`� �sses o��eevoo ass�000� ��! � �.�A w!� ss�o�O,�e��✓o�oa,► 'ti'i. �I'��o A��AA s�� mial-loo!oOa� AOAS � �Q vA`��► ©eve o�� a�y"� ! o ✓Qp ��e n�4�g Gl. LM 3M1 •I , �O`��®� � �J �� (V,'�'� LPL_ 1_ '3 '`�,� U�.� f. A 1 f� � ss ooa000000 oovp`�°e ss �e ' -�� °sss�eeeeeeeeeeeeeea®s�oosa��° • �. "" s��er.'s FFFFF�IZ_`� elsae��j ATTAC H M E N T #4 BCITY OF HUNTINGTON BEACH INTER-DEPARTMENTAL COMMUNICATION o; MWINGTON BEACH TO: Honorable Mayor and City Council VIA: Ray Silver, City Administrator ( ( FROM: Ron Hagan, Special Projects ManagerC'° DATE: October 28, 2002 SUBJECT: HUNTINGTON HARBOUR MEETING WEDNESDAY, OCTOBER 23, 2002 SUMMARY OF RESIDENT CONCERNS AND SAMPLES OF QUESTIONS AND ANSWERS Staff Present: Ron Hagan, Steve Seim, Larry Neishi, Geraldine Lucas, Scott Field, John Von Holle, Gisela Campagne Council Members Present: Shirley Dettloff, Ralph Bauer Mr. Hagan handed out draft copies of the proposed changes to the city's harbor ordinance and stated that this meeting was to receive input from residents and boaters on three issues: A. Harbour Dredging B. Code Enforcement/Water Quality, and C. Pier Head Line Encroachment. Mr. Hagan gave a brief background on the issues and stated that the city would like to have resident input on the three subjects that will be transmitted in an attachment to the staff report to the City Council on November e. It is anticipated that once Council has reviewed the staff report, along with the resident's input (which will become part of the official record) Council will give further direction on how to proceed with the harbor ordinance. Mr. Hagan outlined some of the current problems in the harbor including the enforcement of the Clean Water Act. Mr. Hagan further stated that there is currently a separate study being conducted regarding fees. It is anticipated to be completed in the spring of 2003. This study will determine if the city can and should charge a boat fee to pay for dredging and enforcement in the harbor; who should pay the fee; and how much of the cost of harbor enforcement, dredging and clean water act enforcement can be attributed to boating activity in the harbor. The proposed ordinance distributed at the meeting does not contain fees. It is the proposed rules and regulations for enforcement in the harbor. Mr. Hagan stated that the proposed ordinance has several major components: Pier Head Lines, Live-aboards, holding tanks, etc. He noted that Huntington Harbour was rated the poorest managed harbor in Orange County by Coastkeepers. The City does not have a Harbor Master, thus resulting in less enforcement of zoning codes, 1 Huntington Harbour Meeting Page Two October 23, 2002 clean water act, pump outs, illegal docks and structures, etc. Huntington Harbour had over 200 days of high bacteria count closing the water to swimming this past year. Citizens that wanted to address the issues were invited prior to the meeting to fill out a speaker sign up sheet indicating their desire to speak to the group. However, it was the consensus of the group attending the meeting that they would prefer a question and answer session, rather than just address an issue. Those citizens who filled out a request to speak on any issue, and who have given their address to the recording secretary, will receive a copy of the notes of this meeting. The following is a summary of the residents concerns and opinions on the harbor issues and a sample of the types of questions asked and answered at the meeting. There were approximately 150 people in attendance at the Huntington Harbour Yacht Club although no notice was mailed directly to residents. Notices were mailed to the homeowner associations and to selected marinas, agencies, and individuals who were previously on a notification list. Mr. Hagan summarized the position of those in attendance as follows: I. Dredging Those present believe that the harbor waterways are public waterways and accessible to all. It would be unfair to put the full cost burden for dredging just on boat owners in Huntington Harbour. They feel that at least 50%of the boating use in Huntington Harbour is from boats not registered to property owners in Huntington Harbour. The County and the ACE have always done dredging in the past and they want the City to pursue County, State and Federal funding for dredging instead of charging boat owners in Huntington Harbour. The entire city population pays for public park maintenance and public street maintenance and those in attendance thought the entire population should pay for dredging maintenance of public waterways. H. Zoning Code& Clean Water Act Enforcement Those in attendance generally agreed that zoning codes and the Clean Water Act should be enforced. However, they were not in favor of putting the full burden of enforcement cost on boaters. They felt that boaters cause a small percentage of the clean water problems. They believe there are very few live aboards and other boaters that dump their holding tanks or have leaking holding tanks, or are illegally cleaning their boats in the harbor. Those in attendance felt that all the inland cities that let debris flow into the flood control channels and storm drains are causing the bacteria problem and should be the ones to pay for the cost to prevent it. III. Pier Head Line Encroachment Those in attendance felt that there has been very few complaints about pier head line encroachment and the city would be over reacting if it strictly enforced pier head lines now after ignoring them for the past 30 years. They felt that the city should undertake the cost of doing a study to determine which docks or boats actually are causing a navigation or safety problem by exceeding the pier head line and then deal with only those individual cases. 2 Huntington Harbour Meeting Page Three October 23, 2002 The following is a sample of the questions and answers that took up most of the two and one half hour meeting: Question: Live-aboards happen once in awhile. After heavy rains the accumulation of debris flows down drains from the Santa Ana River directly into the harbor. Have you or anyone else looked at the drains to see what debris comes down? Answer: Yes,the city has sent the maintenance staff to observe the material that comes down the storm channels. The city has tried to get the county to remove more debris from the channels, but the county debris removal program is under funded. Mr. Hagan agreed that if heavy rains come, a great deal of debris would be coming down the channels and into the harbor. The current booms do not catch the entire amount of debris. They are designed to catch non- storm run off. However, trap and clarifier systems are currently being looked at that will hopefully catch all runoff, even during storms, coming into the harbor. These systems are being tried out in other cities. If successful, Huntington Beach will try to fund these devices for the channels that flow into the harbor. Question: Has anyone looked at environmental impact and water quality issues versus boaters? Answer: It is difficult to place an exact percentage on it. City staff estimates that approximately 70 percent of the water quality issues are being caused by the flood control channels and storm drains and approximately 30% caused by boating related activities. Question: Is there any restriction of access to use our waterways? Answer: No, they are public waterways. Question: Huntington Harbour Property Owners Association has a Quality Control Committee. Have you worked with them at all? Answer: Yes, they have been very cooperative and tried to get the word out on best practices for the last couple of years. Question: How did you communicate with them? Answer: Through our Water Quality Committee on best practices. 3 Huntington Harbour Meeting Page Four October 23, 2002 Question: The Sanitation District did another study and they spent $17 million for waste removal of which $200,000 was for a public relations person. What is the city doing to make the county accountable for the spending of these dollars? Answer: The city continues to have meetings with the county regarding Huntington Harbour and getting the county to pay its share. The city is also pursuing the State Department of Boating and Waterways for funding. We may need your help to obtain grants and funding from state and county agencies. First we need to decide what we want to do. Question: How many live-aboards are there? Answer: Coastkeepers has reported that they have observed 19 live-aboards within the city controlled portions of the harbor. In addition to water quality issues with live aboards the city also receives complaints regarding noise issues, parties, etc. Question: How many boats are docked in Huntington Harbour? Answer: A little over 4,800. Question: Has the fee schedule already been worked out? Did the city go in backwards? Does the city already have a fee schedule drafted? Answer: No. Staff did some cost estimates for dredging and enforcement and looked at what a boat fee would have to be to cover these costs but the City Council has not reviewed or approved any fees. The Council did approve funds to hire a consultant to study the possibility of implementing fees and what they should be. This study and report will be completed in the spring of 2003 and there will be future meetings to discuss the fee report and recommendations. Question: In 1963,the city channels were treated the same as maintaining streets within the city. What are you doing with those taxes that the homeowners are already paying? Answer: The City is responsible for maintaining streets and waterways. However, property tax revenue only covers the cost for the city to provide police and fire services. Maintenance of streets and waterways has to be paid for by other funding. 4 RCA ROUTING SHEET INITIATING DEPARTMENT: Community Services SUBJECT: Adopt Ordinance Amending Huntington Harbor Regulations COUNCIL MEETING DATE: I November 6, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial I Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( oaf ) City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: SFF Orange County Health Care Agency, Environmental Health Division Huntington Harbour, Clubhouse Marina Enterococcus — 30-day Running Geometric Means for 2000 and 2001 (AB411 Reporting Periods - 4/1 through 10/31) 150.00 C V 100.00 P d O A lQ a 0 M 01 50.00 C C 3 � Enterococcus toot Standard = 35 2000 liw l 0.00 jj 05/05/00 06/14/00 08/28/00 10/10/00 05/04/01 08l08/01 07/11/01 08/17/01 0 6a1 10/15101 05/24/00 08/09/00 09/18/00 04/25/01 05/23/01 06/22/01 08/01/01 09/04/01 09/26/01 10/24/01 Date COUNCL gpART OF THE 12 ,Dry Weather Data oFRCEOFMEMYCI 00NNIE CITY(X m Orange County Health Care Agency, Environmental Health Division Huntington Harbour, Clubhouse Marina Fecal Coliform — 30-day Running Geometric Means for 2000 and 2001 (AB411 Reporting Periods - 4/1 through 10/31) 400.00 C 4) 300.00 C� d O 4) zoo.00 Fecal Coliform co Standard = 200 0 M C1 C_ G C 100.00 Q: 2000 2001 0.00) Ila 05/05/00 06/14/00 08/28/00 10/10/00 05/04/01 06/08/01 07/11/01 08/17/01 1 09/14/01 10/15/01 05/24/00 08/09/00 09/18/00 04/25/01 05/23/01 06/22/01 08/01/01 09/04/01 09/26/01 10/24/01 Date - 11 Dry Weather Data Orange County Health Care Agency, Environmental Health Division Huntington Harbour, Clubhouse Marina. Total Coliform — 30-day Running Geometric Means for 2000 and 2001 (A6411 Reporting Periods - 4/1 through 10/31) 4000.00 \ C G) 3000.00 C� 4+ 4) E O d 2000.00 ca 0 M Q� C_ C ,000.00 Total Coliform y Standard = 1,000 2001 2000 0.00 404141001011MIM'TTEMTMTTTTTTTTIOI ITTII 05/18/00 08/02/00 09/11/00 10/23/00 05/16/01 06/20/01 07/25/01 08/29/01 09/20/01 10/19/01 06/07/00 08/23/00 10/02/00 05/02/01 06/06/01 07/03/01 08/15/01 09/12/01 10/10/01 Date 10 Dry Weather Data Huntington Beach City Council Meeting 11/6/02 Re: Huntington Harbor Assessment District, Creation of My Name is David Buehn, I currently live in Seagate, in Huntington Harbor, and have lived on Davenport Island for 7 years. I would like to thank the Huntington Beach City Counsel for allowing us to speak this evening. As I understand it, the city council is going to pass an ordinance, to create a Huntington Harbor Assessment District to help pay for the proposed Pier Head enforcement, channel dredging, and water quality. All, of which, I believe to be erroneous. As far as the "illegal docks, derelict boats, live aboards and illegal dumping of holding tanks"mentioned in"The Council Study Session"report---dated January 7, 2002----- This is just a fact of life-----every harbor—Newport Beach---Alamitos Bay---everyone of them have these problems-----and they haven't created a"Harbor Assessment District" in those cities. As I understand it, from the cities legal council, there have only been 3 convictions out of a dozen formal complaints about live-aboards---in the last 6 years. This is not even a number worth talking about----this so called live-aboard problem, isn't really a problem at all, and should be completely eliminated from any proposed ordinance. The proposed Ordnance also has a limitation on the owners of boats in the harbor: A live- aboard is defined as someone that stays on their boat "2 hours after sunset and 1 hour before sunrise". This is totally unacceptable-----my grand kids like to stay on our boat, when they come to visit-------now I've got to pay a fee, so they can do that. This is a totally unacceptable burden to put on residents and boat owners. Water quality-----Just let me say that "Urban runoff' is our main problem----and that is what the city should be focusing their attentions on. It is a known fact that 70% of the pollutants in the harbor----come down the drainage ditches, and flood control canals. I, as well as many others in this audience don't mind paying for their fair share of taxes to alleviate this problem-----but it is, I believe something that is really another"non-issue", for harbor residents----- Butrather an issue that should be brought against other municipalities upstream--- Which, as far as I'm concerned, really makes it a state or county issue. I spoke with Tom Harman, one of our past city councilmen, last Sunday, for over an hour about the harbor issue. As you know---he is our newly re-elected 671h district state assemblymam. During the conversation---He repeated the known fact: That the cities, counties and the state are all against the wall financially----But---that he would see if`Boating and Waterways"had any funds that he might get directed to the city, to help with the channel dredging He was going to return to Sacramento today, and that he'd let me know, next week---one way or the other, what "Boating and Waterways" had to say. r-� RECEIVED FHi:& �J_0\\JVJ AND MADE A PART( RD AT 1W COUNCIL MEETING OF ��n•l)� OFFICE OF T}E CITY CLEFT( CONNE BROCKWAY,CITY CLERIC ITEM 4 " It just amazes me, and I just can't believe that someone in the city, had not approached him----as Tom has brought over $8,653,000 to the 671h district. Even though he'd heard of the harbor issue---no one from the city, had brought it to his attention. And----regarding the Pier Head issue-----I believe the city should just drop this issue, and even re-peal the current ordnance, and grandfather all the "so-called" Pier-head violators. It seems to me that: You are trying to demonize the majority to placate the minority. This is a matter that should be taken up in the courts, between the two parties--- --and left at that. All in.all-----the city is making a mountain out of a mole-hill, and the issues at hand are not as serious, as you would have us believe. Please table this ordnance------and pursue the funding for dredging from other sources. Thank you, D B ANTIQUE ARMS David Buehn 16096 BONAIRE CIRCLE HUNTINGT O 846 3, CA 92649 f " SCUBA DUB.4 CORPuRATION 255 MARINA DRIVE FROMMAIN OFFICE: (562) 598-9444 LONG BEACH,CA9EI �m (949) 722-6800 MADE A PART OF THE REORD O AT COUNCIL MEETNG OF -(�-0)- FAX (562) 594-0964 OFRCE OF THE CITY CLERK CONNE BROCKWAY,CITY CLERK ITEM 0 1)_ 1�k)6\t L November 6, 2002 My name is William R. Crawford, III . I am the founder and CEO of Scuba Duba Corporation. Our main office is located at 255 Marina Drive in the Alamitos Bay Marina. The company was founded in 1963 , and has been in continuous operation since that time cleaning the bottoms of vessels throughout Southern California. We have cleaned vessels from 6 feet to approximately 600 feet . We currently clean about 2000 yachts a month and have done over 500, 000 vessels since 1963 . We hold current business licenses for all areas, including Huntington Beach. I AM ADDRESSING, SPECIFICALLY, SECTION 13 .44 . 100 OF THE PROPOSED CITY RULES AND REGULATIONS . The wording of the section is incorrect . It is physically impossible to place a "boom" under a vessel while in the water, much less to collect anything in it . The wording implies that the worry is something solid being removed from the hulls . One study titled, Trace Metal Emissions from Antifouling Paints during Underwater Hull Cleaning Events and Passive Leaching, authored by Ken Schiff and Dario Diehl for the Southern California Coastal Water Research Project which is currently ongoing, has concluded at this time, that passive leaching (or vessel that is not regularly cleaned) produces more copper into the water environment than regular hull cleaning following Best Management Practices . Many other studies with similar conclusions are listed in the materials that I will leave with you. Beyond the question of being physically able to accomplish this task, are the following considerations : 1 . The economics of a boat owner keeping the hull of his vessel clean under these improbable conditions which appear to increase by 10 to 15 times the current charge . Page 2 November 6, 2002 2 . The problems of disposal of the material collected, and the environmental hazard of this marine growth in the above-water atmosphere. 3 . The probability of the removal of this marine material being inadequately done, and therefore, what is the point of requiring such? Obviously, the correct due diligence has not been done, and proposed Section 13 .44 . 100 must be rejected out of hand. Thank you for your consideration. SCUBA DUB.4 CORPt.-RATION 255 MARINA DRIVE MAIN OFFICE: (562) 598-9444 LONG BEACH,CA 90803 (9 4 9) 7 2 2-6 8 0 0 FAX (562) 594-0964 November 6, 2002 ADDITIONAL SOURCES OF INFORMATION ABOUT MARINE GROWTH AND WATER QUALITY Los Angeles Times, article in Section B1 titled, "Studies Find Many More Sources of Coastal Pollution, " by K. R. Weiss and Gary Polakovic (October 25, 2001) Los Angeles Times, article titled, "Bird Droppings Are Blamed For Bacteria (November 4 and 5, 2001) Antifouling Paints: Use on Boats in San Diego Bay and A Way to Minimize Adverse Impacts, a study by Dean A Nichols of Scripps Institution of Oceanography in La Jolla Marine Fouling and Underwater Hull Cleaning in San Diego Bay, by John B. Conway and Loren P. Locke for the California Water Quality Control Board Environmental Effects From In-Water Hull Cleaning of Ablative Copper Antifouling Coatings, by a group of scientists for the U. S . Navy Marine Fouling and Its Prevention, by Woods Hole Oceanographic Institution for the United States Naval Institute . SCUBA DUBA0 CORPORATION 255 Marina Drive Long Beach,CA 90803 General Cleaning Specifications For Boats Approved: Dr. William Randall Crowford III President Schedule A SCUBA DUBA GENERAL CLEANING SPECIFICATIONS 1. Clean entire hull, shaft,prop, outboard, outdrive of boat from the boot top or boot stripe (6 inches above the water line, if a painted boot top is not present),downward to the bottom of the keel. Materials to be used for cleaning are a carpet and/or proper 3M pad and/or equivalent. Metal parts may be cleaned using a stiff metal scraper, stainless steel scrub ball, and/or wire brush. 2. When using a dock compressor,place it in front of vessel on the main gangway. 3. Clean any indicator(s)and verify proper operation by rotating. 4. Check the propeller and shaft assembly for any unusual slack and/or movement. This could be an indication of a worn shaft or strut bearing. Also check the bearing, if it is visible, for any slack and/or movement. 5. If a Martec propeller assembly is involved, the blades should be opened and aligned in a horizontal position in relationship to the keel and closed. 6. Clean all thru-hulls,taking care not to damage any internal mechanism. 7. If materials are involved,each and every item must be noted on the pink work sheet, or returned. 8. Inspection report sheets shall be completed as follows: a. All conditions of the hull shall be filled in precisely and accurately. b. Precise reports on the condition of zincs are a necessity. Each individual zinc must be evaluated and reported. Each zinc also must be measured if the cleaning is the first of a principal contract or is a new single. c. When a boat is not available to be cleaned,note on the work sheet"N/A", date and sign. d. Inspection report sheets must be dated, and signed using first name of the SUB- CONTRACTOR. 9. Upon completion, and only then,remove old tag,hang a new completion tag in the bow area. 10. Instruction on the work sheets in red ink must be carried out exactly, and initialed by the SUB-CONTRACTOR. 11. Return/replug all electrical cord after cleaning. Be sure breaker switch is on. The above has been read, understood and agreed to by the SUB-CONTRCTOR. Signature Date - - - - _. _ .- .. - - Special Notes from Conversations with Dr. Crawford: Quality Assurance and Quality Control 1. All new SUB-CONTRACTORS are trained for two days in proprietary hull cleaning techniques developed by Scuba Duba®Corporation. These include proper cleaning materials,pressure protocols, scrubbing techniques, coverage area procedures, and quality control policies employed by a diver. The trainer is a quality assurance employee of Scuba Duba®Corporation. 2. Upon successfully completing training, SUB-CONTRACTORS are allowed to clean boats contracted through Scuba Duba°Corporation. 3. Quality control employees routinely inspect SUB-CONTRACTORS. Inspections include hull cleaning techniques,hull cleanliness,proper maintenance of metallic components, and customer satisfaction. Please contact Dr. Crawford regarding specific questions: Dr. William Crowford SCUBA DUBA° CORPORATION 255 Marina Drive Long Beach, CA 90803 Tel: (562) 598-9444 (949) 722-6800 Fax: (562) 594-0964 iittklYtU FFKJM ��'" "• "•- AND MWE MkTHEWYOLERK HE REOOFIo-'AT i� COLAXX o OONNE BROCKIMAY,C"CLERK n EM 0 T-7-�4_ '?I j b I C COM k+ll+s To the City Council of Huntington Beach, November 5, 2002 My name is Ron Foland, I have been a resident of Huntington Beach and boat owner FOR 30 YEARS. As a past Board member for two terms of the Westcherster Bay Homeowners Association — also known as Seagate, I am speaking to you in the interest of over 300 Seagate property and boat owners. There are several issues being considered by the council this evening: 1. Fees for Harbour dredging and maintenance 2. Fees for resolving alleged pollution problems in the Harbour 3. Enforcement of regulations relating to the pier head issue I want to make it clear that these are three separate issues and the council is attempting to address these three issues under one umbrella. The issues are separate and distinct and should be addressed as such. The root cause for each is fundamentally different and a single solution is not the answer. During the last eight years, there have been only three pier head complaints that have caused the city to take legal action. Additionally, the current pier head issue has been brought about by one individual who methodically, with the assistance of his wife and his attorney, harassed his neighbors and systematically made consistent phone calls to the city attorney's office. The alleged complaint dealt with `safety issues' of boats extending beyond the pier head. This bogus, inaccurate accusation has been validated by city officials who have confirmed that there have been NO accidents in the Harbour due to pier head issues in forty years. The city has elected not to enforce the pier head for the past 40 years. This past practice has clearly set precedence, and thus has created a vested property owner's right to maintain the status quo. This past practice of non-enforcement, and no incidence of any safety issues, validates the need to keep the status Quo regarding the alleged pier head issues. To this date, with the obvious lack of community input, the council has not acted in good faith regarding the discovery and solutions to the alleged problems of: 1. Dredging and maintenance of the Harbour 2. Alleged Pollution of the Harbour and 3. Alleged issues with the pier head The real issue is finding funding for the city to dredge the Harbour. Do not disguise the real issue of funding for dredging under the guise of pollution and pier head issues. We are requesting that the council. IN GOOD FAITH, set aside these issues in favor of a process. This process must involve input from the residents and those having access to the waterways of Huntington Harbour. We request that the council be openly and actively involved in the discussion and solution of any found REAL problems that exist. Any other action by the council will be interpreted as being unresponsive, in bad faith and litigious in nature. Thank you for your consideration. Professionally your Ronald E. Foland, Ph.D. RECEIVED FROM (9� f 4'""� AND AAADE lW COUNCIL MMAEEETING ART OF REM AT OFFICE;F THE CITY CLEW CONNIE DRXKWAY,CI N OLERK , ITEMe Presentation to Huntington Beach City Council Gregory Lee 4, . Rev ter• 1110 GaS1P� Mffig L November 3,2D02 � is Will 1 .�' �y�..�._.. � .� '� t � � � —art ~ �Y � �'t'�«�,•F TT + a4 a' Y t � 25 n, w •h, �r ��` City��Staff�lias«obser��ed�thatthere��isa � �° �s•�t°F�.v'r �'xi�� '� 34r''� ,��L'bx,��"�{�.�r� ��I� y'�k' �� `�.`�, "i,,,g#�`,' r�� x r corraet ton betweens � u�,'�� v,�st�r1� ��t, } �; •�' �� r ''y„ r� .v�.ra�{ � }k� ��xx� f�'� �,a �� v F t zo hFE ve aaboards� t � � � u , 2 The Beach Report/Card is made possible by a grant from the "H.31dic 12th Annual Year in Review 2001-2002 Beach Report Card NO REPORCCANDL Page contents: •Introduction and Overview •DrvUNeathei Grades:Good and Bad The total number of year-round grading •Wet Weather Grades:Continuing Problerns locations for aA of Califomia is 394.The number of locations for each county is •Legislation:Clean Beach Initiative and Proposition 40 noted next to each name. •What Does All This Mean rorthe Beachcioer? Sonoma Count • Santa Cruz County 27 Introduction and Overview • Monterey Court On Thursday,May 23,before a packed press conference crowd at Cabrillo Beach in Los Angeles County,Heal the Bay's 2001-2002 San Luis Obispo County 12 Beach Report Card was released,assigning Ato F letter grades to California beaches from Sonoma County to San Diego County.The Santa Barbara County 21 2001-2002 Beach Report Card is the first-ever statewide coastal water quality report,and is fhe on)Lcomprehen sive analvsis of statewide Ventura County54 water quality done by any organization. • Los!'npeles Countv82_- _ Slide 5 Huntington Harbour .Beall l.opatWtlS-Namto Sant ��.: Grade Type} CFeM rami for R?d•Nnay 1•Ryir eiN>) 61 v }rya . RW Or+iP CavnY'Bexha 491: 4ly CMfaNi !pN•9•w�dmnW' ', tWt. 3A] ]A2., Dr Dry Wet Balboa Beach-'The Wedge:. - A A A Hunting ton Harbour,Mothefs Beach A A Huntington Harbour,Trinidad Lane,Beach A A A z Huntington Harbour,Seagate A A Huntington Harbour,.Humboldt or Beach. B A A n Huntington Harbour,Davenport or Beach A. A+ F;1 Huntington Harbour,11th Street Beach A C F'"» • er'•�•" Newport Bay,Newport Dunes-North, - D F F a pnssem«.>,.' mf np Newport Bay.Newport.DunesEast D C F .c.mafo,-s e•oaaaeon.inocn... . w.aomirn..m,,.erswn oleic •Newport Bay scored 7 dry day"D"s or"Ps •Huntington Harbour had no dry day scores below"C" Slide 6 3 i ��r r'r '' 4arc '�S�•x '- .r ;� �,.� s '� � � u �t,�''�"'fc f�'R'�a ��,r�z i"�rircF'x-��,t3,��r�t Concerned ` It s,where we live. , � � firTr;,. `'<c'ic. +yy �u"Si r i'w ""ii. "s'rr •4 Frustratedi Why have�you denred�us`�the��W -�-�� opportumty,to participate s.r�, ;� � y�r �� •;Angryx. Is the problem�properly�defined�2 �� ,�� - r3,.' MR. I� 4 i I I Heal the Bay's HealtheBay 12th Annual- Beach Report CardSM i ::,:.�, �'A "c", j''• ,:,ice" �,•,?':;>«.:,.,,;,��;iz��` �i�� 5. elyvh,,x�N,,i R:,^�:�J/�>� :�-&,%x�"".o��> �T, 0�,'3•� b».��i. t-^> .4c �F f 3 i s" c V rr � �.+ 'bt•• :ems i :�„ �r �✓: ,.-fit ;�`�3;-'� "� ., May 23, 2002 x�cn�say5 BEACH REPORT CARD. rHe a I it ;eB;ay.;h Heal the Bay is a nonprofit environmental organization dedicated to making Santa Monica Bay and Southern California coastal waters safe and healthy for people and marine life. We use research, education, community action and policy programs to achieve this goal. The Beach Report Card program is funded by a grant from the 02002 Heal the Bay.All rights reserved.The fishbones logo is a trademark of Heal the Bay.The Beach Report Card-is a servicemark of Heal the Bay. Tabip. of C itents Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The California Beach Report Card. . . . . . . . . . . . . . . . . . . 5 What Type of Water Quality Pollution is Measured? Water Quality Thresholds Heal the Bay's Grading System What Does This Mean to the Beach User? Why Not Test for Viruses? 2001-2002 Analyses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 California Beaches The Beach Report Card by County . . . . . . . . . . . . . . . . . . 9 Sonoma Marin San Francisco San Mateo Santa Cruz Monterey San Luis Obispo Santa Barbara Ventura Los Angeles Orange San Diego Beach Pollution Patterns State and Federal Legislation Update . . . . . . . . . . . . . . 21 Updates and Future Recommendations . . . . . . . . . . . . 22 Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 AppendixA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 AppendixB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 (toc) 2001-2002 BRC REPORT Fvaen ive Summary AV HEAL THE BAZs 12TH ANNUAL Point Harbor in Orange County, ty marks. Overall, 40% of the moni- Beach Report Cards'provides (5th),Pacific Beach at P.B. Point toring locations received a grade of essential water quality information to (downcoast of Linda Way) in San "F" during wet weather compared to the millions of people who swim,surf, Diego County, (4th),and the Visitor's only 7% during dry weather. or dive in California coastal waters. Center (projection of Clairemont Once again,Heal the Bay completed Essential reading for ocean users,the Drive) at Mission Bay in San Diego an analysis of Southern California report card grades 394 locations year- County, (3rd).This year there were data (Santa Barbara County to San round (more than 420 locations in dry co-winners of the dubious California Diego County) to determine if there weather) on an A-F scale based on the "Beach Bummer" crown: Doheny were significant differences in water risk of adverse health effects to Beach at Dana Point in Orange quality based on beach type.From humans.The grades are based on County (T-1st), and Arroyo Quemada our analysis,water quality at open- daily and weekly bacterial pollution in Santa Barbara County (T-1st). ocean beaches was dramatically better levels in the surfzone.The program Arroyo Quemada once again laid than those beaches impacted by has developed from an annual review claim to the crown because 75% of storm drains or located within of beaches in Santa Monica Bay to the monitoring days exceeded at least enclosed bays or harbors. weekly updates of beaches throughout one fecal bacteria indicator. Doheny Approximately 93% of open ocean California.All this information is avail- Beach (North Doheny Beach to 5,000 beaches received an "A"grade during able in print and at www.healthebay.org. feet south of San Juan Creek) was dry weather compared to 73% at The 2001-2002 Annual Beach Report awarded the co-crown based on the beaches impacted by a storm drain Card demonstrated that most beaches beach area degraded (a one mile and 43% at beaches found within an had very good water quality with 275 stretch of beach) by poor water quali- enclosed bay, harbor or marina. of 394 (70%) locations receiving"A" ty and the number of annual visitors grades.Also, there were 53 (13%) to the beach. Despite the state's recent economic slowdown, Governor Davis and voters "B"s, 24 (6%) "C"s, 16 (4%) "D"s and This year's relatively dry rainy season continue to make beach water quality 26 (7%) "F"s. Numerous California accounted for better-than-average wet a priority for California by investing beaches vied for the "Beach Bummer" weather water quality. However,a in the protection of this resource. crown this year (the monitoring loca- great disparity in water quality still Last year the Governor proposed in tion with the poorest dry weather remains between dry and wet weather the state budget$34 million for a water quality).The bottom 10 finalists conditions. Many counties (predomi- Clean Beach Initiative to protect and were: Surfrider Beach at Malibu in nantly those north of Santa Barbara restore the health of California's Los Angeles County, (loth),Shelter County) do not maintain their water beaches.This is the first significant Island (Shoreline Beach Park) at San quality monitoring program through- allocation of funds to protect the Diego Bay in San Diego County, out the year,severely reducing or health of the 100 million people who (9th), Campbell Cove State Park completely discontinuing the pro- visit California's beaches each year. Beach at Bodega Bay in Sonoma gram between November and March. Following the Governor's lead,voters County, (8th),East Beach at Mission Of the 268 locations that are moni- passed Proposition 40,a$2.6 billion Creek in Santa Barbara County, (7th), tored, 107, or 40%, received very- program to provide clean, safe drink- Channel Island Harbor Beach Park good-to-excellent water quality marks ing water,clean beaches and coastal (Hobie&Kiddie Beach) in Ventura during wet weather,while 161 loca- waters, improve state and neighbor- County, (6th), Baby Beach at Dana tions received fair-to-poor water quali- hood parks, protect wildlife and open 2001-2002 BRC REPORT (page 1) space,and achieve better air quality. We hope that California beachgoers "Beach Bummer" Locations Specifically,$375 million is set aside will use the information to decide for watershed protection,clean what they are most comfortable with ■Arroyo Quemada,Santa beaches,rivers and streams. in terms of relative risk,and then Barbara County/Doheny State make the necessary decisions to pro- Beach, Dana Point The Beach Report Card is based on the routine monitoring of beaches tect their health. ■Visitor Info Center, Mission; conducted by local health agencies County health officials and Heal the Bay, San Diego and dischargers.Water samples are Bay recommend that beach users ■ Pacific Beach Point,San Diego analyzed for bacteria that indicate pol- never swim or surf within 100 yards of ■ Baby Beach, Dana Point lution from numerous sources,includ- any flowing storm drain,or in any Harbor, Dana Point ing fecal waste.The higher the grade coastal water during,and for three a beach receives,the lower the risk of days after,a rainstorm.Storm drain ■Hobie &Kiddie Beaches, illness to ocean users.The report is runoff can be the greatest source of Channel Islands Harbor, not designed to measure the amount pollution to local beaches,flowing Ventura of trash or toxins found at California untreated to the coast and often con- ■East Beach at Mission Creek, beaches. The Beach Report Card taminated with motor oil,animal Santa Barbara would not be possible without the waste,pesticides,yard waste and trash. ■Campbell Cove State Park cooperation of all of the shoreline After a rain,indicator bacteria counts Beach, Bodega Bay monitoring agencies in the state. usually far exceed state health criteria ■Shelter Island, Shoreline Park Heal the Bay believes the public has for recreational water use. Beach, San Diego Bay the right to know the water quality at For more information, please log on their favorite beaches,and is proud to www.healthebay.org,or call 1-800- ■Surfrider Beach, Malibu to provide Californians this informa- HEAL BAY. tion in an easy-to-understand format. (page 2) 2001-2002 BRC REPORT 1 ntro0Chj rti In THE FIRST BEACH REPORT CARDsm fying sources of fecal indicator bacte- is used to develop recommendations (BRC) Heal the Bay published in ria at high-use beaches that are for solving water quality impairments 1990 covered 60-plus monitoring impacted by flowing storm drains at problem beaches.The report also locations in Los Angeles County from (AB538) have been passed and imple- includes updates on issues that have Leo Carrillo Beach to Cabrillo Beach. mented. Capital developments,such an impact on beach water quality, At the time,beachgoers knew little as the upgrade of the Hyperion such as legislation, regulatory pro- about the health risks of swimming in Sewage Treatment Plant, dry weather grams and scientific studies.The polluted waters or the water quality at diversions, and Clean Beach Initiative updates are followed by Heal the any of their favorite beaches in Los projects have been constructed. In Bay's recommendations for the com- Angeles County. Beach water quality this same time period, Heal the Bay's ing year for improving water quality was a public issue only when a sub- Beach Report Card has grown in cov- and expanding public education. stantial sewage spill occurred. erage, expanding from Los Angeles The BRC now covers 394 locations Although beaches were routinely County to all of California (where (420-plus under certain conditions) monitored, the data was either largely monitoring programs exist),and is from Sonoma County to San Diego inaccessible or unusable to the pub- now essential reading for the beach- County on a weekly basis, updated lic. Since then, much work has been going public. every Friday. Heal the Bay hopes that done to address the issue of urban The 12th Annual BRC summarizes California beachgoers will use the runoff and sewage spills at our local the results of beach water quality information before they go to any beaches. Scientific studies such as the monitoring programs throughout beach in the state, in order to better Santa Monica Bay Restoration California,from Sonoma County to protect their health and the health Project's Epidemiological Study on San Diego County, over the last 12 of their families. The weekly swimmers at runoff polluted beaches months (April 2001 -March 2002). California BRC will be available in and the Southern California Coastal The summary includes an analysis of print and at Heal the Bay's web site, Waters Research Project's bight-wide water quality during dry and wet www.healthebay.org. shoreline bacteria and laboratory weather conditions,a brief review of inter-calibration study have been The Report Card should be used like proposed Clean Beach Initiative proj- the SPF ratings in sunblock—beach- completed. Legislation,such as the ects, and a review of the number of statewide beach bathing water Stan- goers should determine what they are sewage spills which impacted recre- comfortable with in terms of relative dards and public notification bill ational waters over the past year.The risk,and then make the necessary (AB411), and the protocol for identi- information derived from this analysis decisions to protect their health. 2001-2002 BRC REPORT (page 3} Heal the Bay' �! BEACH REPORT CARD. Over 420 sampling I p 9 locations throughout 12 counties San Frandsc I San Ma Santa Guz „s y`. "`• rat•,`;%r:..�•: .�.; =Sampling location or locations, Counties currently graded =Counties to be graded Wa .� Counties without a sampling program " The California Beach Report Card What Type of Water Quality indication of whether or not a beach of ocean water. Colony-forming units Pollution is Measured? is safe for recreational contact. are the number of bacteria in a given Runoff from creeks,rivers and storm Indicator bacteria are not usually the volume of ocean water that are capa- drains is the largest source of pollu- microorganisms that cause bather ill- ble of reproduction during the tion to California beaches.Runoff may ness. Instead their presence indicates course of sample analysis.The Beach contain toxic heavy metals,pesticides, the potential for water contamination Report Card methodology utilizes petroleum hydrocarbons,animal with other pathogenic microorgan- four thresholds,or specific levels of waste, trash and even human sewage. isms such as bacteria,viruses and pro- exposure, that are associated with The Beach Report Card includes an tozoa that do pose a health risk to increased health risks. These thresh- analysis of shoreline (ankle-deep) humans.The link between swimming olds were derived from California water quality data collected by various in waters containing elevated levels of Department of Health Services stan- county and city public agencies for bacteria indicators and health risk dards set forth in AB411 and findings fecal indicator bacteria.At present,the was confirmed in the groundbreaking from the 1996 SMBRP report card contains no information 1996 Epidemiological Study conduct- Epidemiological Study on swimmers on toxins or trash in the water. ed by USC, the Orange County at urban runoff polluted beaches. Currently, there are over 420 shore- Sanitation District, the City of Los The four exceedance thresholds for line monitoring locations analyzed in Angeles,and Heal the Bay,under the various indicator bacteria can be the California Beach Report Card— auspices of the Santa Monica Bay found in Appendix A. from Sonoma County at Gualala Restoration Project. Heal the Bay's Grading System Regional Park Beach south to San Most sample locations are selected by Heal the Bay's grading system takes Diego County at the Border Field monitoring,health,and regulatory into consideration the magnitude State Park (border fence). Shoreline agencies to specifically target popular and frequency of an exceedance water samples are analyzed for three beaches and/or those beaches fre- above indicator thresholds over the indicator bacteria: total coliform,fecal quently affected by runoff.Water quali- course of a year. Furthermore, those coliform and enterococcus.Total col- ty samples were collected by the appro- beaches that exceed multiple indica- iform,which contains coliform of all priate agency at a minimum of once a for thresholds in a given day types,originates from many sources, week from April through October,as received lower grades than those such as soil,plants,animals and required under AB411.Many agencies beaches that exceeded just one indi- humans.Fecal coliform and entero- conducted year-round sampling,while cator threshold. coccus bacteria are found in the fecal others scaled back their monitoring matter of mammals and birds.This program from November through The grades are based on a 100-point fecal matter does not necessarily come March.All counties that have beach scale.For each monitoring location, from humans,although numerous monitoring programs and provide the points are subtracted from a perfect prior studies have demonstrated that data to the public were included in the score of 100 points depending upon there is A significant possibility of Report Card. where the data falls within the desig- human sewage contamination in nated thresholds.As the magnitude storm drain runoff at any given time. Water Quality Thresholds or frequency of bacteria density The amount of indicator bacteria Concentrations of total coliform, threshold exceedance increases,the fecal coliform and enterococcus bac- number of points subtracted increas- present in runoff, and consequently teria are typically measured in colony- es.The threshold points and grading in the surfzone, is currently the best forming units (cfu) per 100 milliliters system can be found in Appendix A. 2001-2002 BRC REPORT [page 51 Water quality drops dramatically dur- It is important to note that the grades nical and not very quantitative.There ing and immediately after a rain- derived for the California Beach are two virus monitoring techniques storm,but often rebounds to its previ- Report Card represent the most cur- for analyzing water samples, genetic ous level within a few days.For this rent available information to the pub- and cultured.The genetic technique reason,wet weather data was analyzed lic, but they do not represent real- for detecting viruses can be complet- separately in order to avoid artificially time water quality conditions. ed in less than a day and is very sensi- lowering a location's grade.A wet Currently, laboratory analyses of tive to detecting a wide variety of viral weather data point is any sample col- beach water quality samples take 18 pathogens. However, the tests are lected during or for three days follow- to 48 hours to complete, then the extremely expensive (about$1,000 ing a rainstorm. Heal the Bay's annu- data must be entered into a database per sample) and the results do not al report card and weekly report before it is sent to Heal the Bay for a accurately quantify the number of cards utilized a definition of a signifi- grade calculation. However, the viruses per unit volume or provide cant rainstorm as precipitation more Report Card on the Heal the Bay web information on whether or not the than or equal to one tenth of an inch site includes real-time information on virus is infectious. The culture tech- (>_0.1").Also, in response to requests beach closures because most closures nique for detecting viruses is less cost- from health agency officials, the BRC are due to sewage spills and all health ly (about$400 per sample) and can now analyzes dry weather water quali- agencies close beaches immediately confirm whether or not a virus is ty data for two time periods, 1) April after a spill.The Report Card is infectious. Unfortunately, this tech- 2001 to October 2001 (AB411 time designed to give the beachgoer his- nique is less sensitive in detecting period),and 2) April 2001 to March torical information on the water qual- viruses, is susceptible to water-quality- 2002. ity at a given beach.The public can caused interference, and much slow- then make informed decisions about er in obtaining results (up to 6 What does this mean to which beach to visit. weeks),unlike bacterial indicator the beach user? analyses,which require only 18-48 Simply put, the higher the grade a Why not test for viruses? hours.Finally,interpretation of virus beach receives, the better the water A common question asked by beach- monitoring data is difficult because, quality at that beach. The lower the goers is"Since viruses are thought to unlike bacteria indicators, there is grade, the greater the health risk. cause many of the swimming associat- Potential illnesses include stomach ed illnesses,why doesn't the health currently no data available that links health risks associated with swimming flu,ear infection,upper respiratory agency monitor directly for viruses in beach water to virus concentra- infection and major skin rash (full rather than bacteria indicators?" lions.Therefore, indicator bacteria body).The known risks of contracting Although virus monitoring is incredi- monitoring is currently the best, most illnesses associated with each thresh- bly useful in identifying sources of timely and cost effective method for old are based on a one-time,single fecal pollution, there are a number of protecting the health of beachgoers. day of exposure (head immersed drawbacks to the currently available Since bacteria indicator analyses cost while swimming) in polluted water. virus measurement methods. There about$30 dollars for every sample, Increasing frequency of exposure or have been tremendous breakthroughs r viruses, water for every one wat water samples can sample analyzed the magnitude of bacteria densities in the use of gene probes to analyze may significantly increase an ocean water samples for virus or human spe- for analyzed for bacterial indicators user's risk of contracting any one of a cific bacteria, but currently these be for the same cost. number of these illnesses. techniques are expensive, highly tech- (page 6) 2001-2002 BRC REPORT 2001 =2002 Analyses AV California Beaches Beach) in Ventura County, (6th), The overall dry weather water quality Baby Beach at Dana Point Harbor in 200� 2UO2 Annual Beach ., Re b�rt'Card 4ara1lResiults at California beaches this year was very Orange County, (5th), Pacific Beach good.Of the 394 water quality moni- at P.B. Point (downcoast of Linda toring locations throughout Way) in San Diego County, (4th), the _`, fdiin af:Grades bymaPeiiod farCaiwnia.Beacties'- ,< California 328 or 83% of the moni- Visitor's Center (projection of > toring locations during dry weather Clairemont Drive) at Mission Bay ina received good-to-excellent water quali- San Diego County, (3rd), Doheny "as Bs \ty marks (see Table 1 and Table 2). Beach at Dana Point in Orange Since the BRC expanded beyond Los County, (2nd). The co-winners of they " � 1•--Oryk(yaarroundl County Angeles C ago, this dubious California"Beach IAH411. - g tY three years g dbi Clif i "B h Bummer" year's 83% ranks as the best year to crown were Doheny Beach at Dana date for Southern California.The Point in Orange County (T-1st) and "2s ; :! „' �''"` .'°' improved water quality could be attrib y Arro o Q uemada in Santa Barbara uted to the combination of a record County (T-1st).Arroyo Quemada laid W dry winter and the implementation of claim to the crown this year because' a number of dry weather diversions. 75% of the monitoring days exceeded ^ There were 66 locations that received at least one fecal bacteria indicator. fair-to-poor water quality marks.A list Doheny Beach (North Doheny Beach Persantaga of Grades byTimaPeri�hi Cahta is Beaches 2 of all the grades can be found in to 5,000 feet south of San Juan t Creek was awarded the co-crown Appendix B.The results demonstrate ) ❑ " that,for 2001-2002,the data during based on the beach area degraded (a �"�j.m B �`jq�,; ) by poor y,'•one mile stretch of beach h' >> the summer was very similar to the Rn year-round dry weather results. water quality and the number of A number of California beaches vied annual visitors to the beach. The perpetual disparity between d for the"Beach Bummer"crown this P rP P t5 D p►Y il+earoundl year for the monitoring location with and wet weather grades was dramatic the poorest dry weather water quality. once again.This drastic difference in All but one of the finalists were in water quality is why Heal the Bay and Southern California.The bottom 10 public health agencies continue to ;, - " recommend that no one swim in the '• -1, finalists were:Surfrider Beach at Malibu in Los Angeles County, ocean during,and for at least three F'3< (loth),Shelter Island (Shoreline days after,a significant .' Yrainstorm.Very Beach Park) at San Diego Bay in San few beach locations in California Diego County, (9th), Campbell Cove escape the influence of pollutedm State Park Beach at Bodega Bay in stormwater runoff.There were 107 ,: Sonoma County, (8th),East Beach at monitoring locations (40%) that Kh i3• _ ' _< received a grade of"F" during wet Mission Creek in Santa Barbara g g County 7th Channel Island weather compared to only 7% during '�;'' Harbor Beach Park (Hobie&Kiddie dry weather (see Table 1 and Table 2). �. Wetetyreerir`�Undl � - 2001-2002 BRC REPORT (page 7) �A��PO�Q lqA I�I�Ijll��Wl Heal the Bay strongly commends the out for the winter swells, could con- Mendocino—which are not covered many agencies that continued their tinue receiving information about in this annual report because they do monitoring programs beyond the water quality and have the ability to not have beaches that meet the AB411 required dates of April make better health risk decisions AB411 requirements—beaches that through October.This action provid- about which beaches to visit. have over 50,000 visitors annually and ed approximately 20 additional weeks Currently there are three coastal are affected by a flowing storm drain, of water sampling,which meant counties—Del Norte, Humboldt,and river, or creek. beachgoers, particularly surfers going {page 81 2001-2002 BRC REPORT The Beach Resort Card by County SONOMA MARIN (CSS). The benefit of such a system, The County of Sonoma, Currently, the County of Marin, as long as the system is not over- Environmental Health Division moni- Environmental Health Services does loaded, is that everything that goes tors approximately seven locations on not have a shoreline water quality down the sink or storm drain gets a weekly basis from April through monitoring program associated with treated before being discharged October,from as far upcoast as AB411. Potential monitoring loca- through a designated outfall. Gualala Regional Park Beach to a tions where information could be col- However,when the system is over- downcoast location at Doran lected include such popular locations loaded, usually due to heavy rain, the Regional Park Beach in Bodega Bay. as Dillon Beach,Bolinas, Stinson CSS discharges both partially treated Samples are collected 25 yards north Beach, Muir Beach,Cronkite Beach, urban runoff and sewage waste water. or south of the mouth of a storm and Drakes Beach. Heal the Bay, the In an effort to reduce the number of drain or creek. County of Marin,Environmental combined sewer overflows, the Dry weather water quality at most Health Services,Assemblymember Joe County and City have implemented a beaches in Sonoma County was excel- Nation's office,and Assemblymember system of underground storage sys- lent,with six of the seven monitoring Howard Wayne's office have been tems to handle major rain events locations receiving"A"s.The only working for the past year to obtain without impacting the CSS. Because problem area in Sonoma County was funding from the California of the CSS, the County of San at Campbell Cove State Park Beach. Department of Health Services to Francisco is not required to have an Located at the entrance to Bodega implement the County's AB411 pro- AB411 monitoring program, because Harbor in Bodega Bay,Campbell Cove gram.The County of Marin's AB411 the county technically has no flowing received an "F"water quality mark. monitoring program is expected to storm drains throughout the year. Given that Sonoma County only mon- be funded this summer due to the There are two shoreline water quality passage of Proposition 40 in monitoring programs in the county: itors from April through October, California and the distribution of there was an insufficient amount of 1) County of San Francisco, $535,000 from the United States Environmental Health Department, wet weather data for analysis. Environmental Protection Agency's and 2) the San Francisco Public Clean Beach Initiative Summary BEACH program to California's Utilities Commission (PUC).The Sonoma County applied for and was shoreline water quality monitoring Environmental Health Department awarded a Clean Beach Initiative programs. collects water samples at 10 locations (CBI) grant this year for$500,000 to twice a month and at 29 locations Sewage Spill Summary complete a source identification study There were zero (0) reported sewage once a month.The PUC's monitoring and a tidal circulation study to deter- spills in Marin County that led to program is required under their mine the factors contributing to the beach closures. National Pollutant Discharge poor water quality at Campbell Cove Elimination System (NPDES) permit, and to implement corrective actions. SAN FRANCISCO and augments the County's monitor- The City and County of San ing program.The PUC is required to Sewage Spill Summary Francisco have a unique stormwater monitor 9 locations located on the There were zero (0) reported sewage infrastructure that occurs in no other ocean side of the peninsula,a mini- spills in Sonoma County that led to California coastal county—a.com- mum of three times per week. beach closures. bined sewer and storm drain system 2001-2002 BRC REPORT (page 9) • 0 • Unfortunately, Heal the Bay was County Environmental Health Card analysis. unable to analyze any of the data col- Department's bi-monthly sampling lected by either of the agencies efforts were too infrequent to derive Clean Beach Initiative Summary because the data was inadequate.The enough samples to determine any Despite having very little monitoring accurate picture of beach water quali- data for review, the County of San s y , ty.Both monitoring programs were Mateo and the City of Pacifica have � 2009 2002�A nua�lBeacli y received grants totaling 750,000 epxlrt Card Cruz a inadequate because they only monitor g g$ for total coliforms and/or E.coli.For from the CBI to reduce water quality� t� y problems at Pilarcitos Creek, Gazo's marine waters, the State recommends latsle S monitoring for three indicator bacte- Creek,and at Pacifica State Beach. A(umraft3radesbyTiiPerrod rrSantaCrazBeaahas ria (total coliform,fecal coliform,and The County will begin work on a pilot enterococcus),and EPA recommends, project for the Gazo's Creek water- shed to identify potential sources of f s3 k at a minimum, the indicator bacteria $' ? enterococcus, not total coliform,for bacterial contamination, map known water quality monitoring.In summary, sources, implement appropriate best practices,with such popular beaches as Ocean management p 'and take t Wet Beach, China Beach,and Aquatic enforcement action on illegal dis- chargers.The City of Pacifica plans to a � Park,and the state's second largest r implement a dry weather diversion Fs ab 1a metropolitan area, the swimming pub- as lic is not adequately informed or pro- project for the San Pedro Creek.The 1a tected from the risks of poor beach runoff flow from developments would p r r water quality. be rerouted from San Pedro Creek to an artificially created wetland. �1'akrl�4 Sewage Spill Summary PaMaatage of Gratlas£iry Time t'eriytliar�apts£rux 8eaclres x ✓ There were zero (0) reported sewage Sewage Spill Summary spills in San Francisco County that The County did not provide Heal the Baywith of beach closures led to beach closures. a summary due to sewage spills. SAN MATEO W�� SANTA CRUZ E\; The County of San Mateo, Environmental Health Department The County of Santa Cruz, Dry Ryaar-rophd}3 � monitors approximately 20 locations Environmental Health Services moni- ` tors approximately 31 shoreline loca- on a weeklybasis,from as far u coast P $ tions,of which 14 are monitored year- as Sharp Park Beach in Pacifica to a r downcoast location of Gazo's Beach at round and 17 on a periodic basis dur- 3 MOM � ing dry weather from April through t Gazo's Creek. The Health x A Department utilizes volunteers from October.The monitoring locations the local Surfrider Foundation chap- range from as far upcoast as Waddell ter to assist in the collection of water Creek Beach at Waddell Creek near Dry{q� '} fy-; samples. Samples are collected at a Big Basin Redwood Park to a down- , distance of 25 yards north or south of coast location at Palm Beach, near the Pajaro River. Most samples are ry the mouth of a storm drain or creek. collected at the wave wash (where ` Although the County has a shoreline runoff meets surf), or 25 yards north r k= water quality monitoring program, or south of the mouth of a storm • very little data was made available to drain or creek. Heal the Bay for our Annual Report Dry weather water quality at most (page 10) 2001-2002 BRC REPORT G beaches in Santa Cruz County was of the spills was unknown. SAN LUIS OBISPO very good. Of the 27 water quality The County of San Luis Obispo, monitoring locations, 85% (see MONTEREY Environmental Health Department Table 3 and Table 4) of the loca- The County of Monterey, monitors 12 locations on a weekly tions received very-good-to-excellent Environmental Health Agency moni- basis from April through October, water quality marks. Some of the tors eight locations on a weekly basis q Y from as far upcoast as Gayucos State cleanest beaches were at Natural from April through October,from as Beach in Cayucos to a downcoast Bridges State Beach Cowell Beach, far upcoast as the Monterey Beach g location at Pismo State Beach in Santa Cruz Main Beach, Seabri ht Hotel at Roberts Lake in Seaside to a g Oceano. Most samples are collected Beach, Seacliff State Beach, and downcoast location of Carmel City 25 yards north or south of the mouth Palm Beach. The two areas that Beach in Carmel by the Sea. From of a storm drain or creek. received fair-to-poor water quality November to March, the beaches.are marks were Capitola Beach and Rio monitored just once a month. Dry weather water quality at all beach- es in San Luis Obispo County was Del Mar Beach. Three of the four Dry weather water quality at most excellent.All 12 monitoring locations monitoring locations at Capitola beaches in Monterey County was very received letter grades of"A." Since Beach received a grade of"D" or good. Of the eight monitoring loca- San Luis Obispo County only moni- lower during dry weather. tions,seven locations,or 87%, tors from April through October, Unfortunately, wet weather water received very-good-to-excellent water there was insufficient wet weather quality in Santa Cruz County was quality marks (four"A"s and three q Y ty data for analysis. poor. This year, 12 of the 13 locations `B"s).The cleanest beaches were the. with wet weather data received an Monterey Beach Hotel,Asilomar State Clean Beach Initiative Summary "F."With some of the largest waves Beach, Spanish Bay (Moss Beach), The City of Pismo Beach received a occurring during wet weather, the and Carmel City Beach. Stillwater $1.2 million CBI grant to replace an 92% beach failure rate should serve Cove at the Beach and Tennis Club aged and inadequate sewage pump as a warning to surfers who enter the was the only location that received a station at Addie Street to better han- water during or within three days of fair-to-poor water quality mark of"D." dle flows during wet weather events, a rain. With Monterey County only monitor- and reduce the number of potential ing from April through October, sewer overflows into Pismo Creek. Clean Beach Initiative Summary there was insufficient wet weather The City of Capitola will receive a data for analysis. Sewage Spill Summary $100,000 CBI grant to divert storm There were zero (0) reported sewage drain flows from Capitola Beach to Clean Beach Initiative Summary spills in San Luis Obispo County that the sanitary sewer. The City of The City of Pacific Grove received a led to beach closures. Santa Cruz will spend approximate- $500,000 CBI grant to implement dry SANTA BARBARA ly $1.5 million in grant funds to weather storm drain diversions at The County of Santa Barbara, improve wastewater infrastructure Lover's Point Park. Environmental Health Agency moni- and install dry weather diversions Sewage Spill Summary tors approximately 201ocations on a for Main Beach, Cowell Beach, and Seabright Beach. There were five reported sewage spills weekly basis throughout the year, in Monterey County that led to beach from as far upcoast as Guadalupe Sewage Spill Summary closures. Of the five spills, three were Dunes south of the Santa Maria River There were two reported sewage spills of unknown quantity,while the other outside the City of Guadalupe to a in Santa Cruz County that led to two spills accounted for 1,400 gallons. downcoast location at Rincon Beach, beach closures. The two spills were Four of the five spills took place in north of the creek. Most samples are located at Capitola Beach and Twin two areas, Lover's Point and Ocean collected 25 yards north or south of Lakes/Seabright Beach. The volume View (8th and 14th) in Pacific Grove. the mouth of a storm drain or creek. 2001-2002 BRC REPORT (page 11) 0 0 • Dry weather water quality at most good-to-excellent water quality marks Source Study for the Lower Arroyo beaches in Santa Barbara County was (see Table 5 and Table 6).The clean- Quemada Creek Watershed" (URS good. Of the 21 water quality moni- est beaches were again at Guadalupe Corporation 2001) which looked at toring locations, 15 locations received Dunes,El Capitan State Beach,Sands, identifying sources of bacterial con- East Beach at Sycamore Creek, tamination. Utilizing DNA analysis, ' Butterfly Beach,and Carpinteria City the report cited birds as"...the most '200; 2002 Annual Bent y R'p01 C' 11tI Q813a � Beach.Additions to this list were prevalent identified source of bacte- COUt1 Ocean Beach, Hammonds Beach, and ria..."in the creek, lagoon and ocean. ' Rincon Beach.The good news for the Other identified sources were f' ` year was that the historically polluted humans, pets,and wildlife, however Numberof Grades byT• a P,;erlod for Sa 8 rbara Beaches beach at Jalama received a good none at the same frequency or magni- Asp"' grade this year. tude as those for birds.The report e As surprising as Jalama Beach's went on to state that the Tajiguas $ Landfill"may represent a major factor a absence from the problem beach list s Y` `■ D lya r .nal influencing the local bird population which received a"B"grade—was the arrival of Leadbetter Beach, at Arroyo Quemada."In addition, the Y Wets report added that the data analyzed which received a grade of"D" this z Y '• suggested"that leaking septic systems 1s a year but had received an "A" and"B" ' .., grade the prior two years. The three serving the private residences in the r�T�tal a� Yoe other problem beaches were all carry- surrounding Arroyo Quemada com- Ys � x f0 overs from last year: Gaviota Beach, munity may represent a source of bac- s terial impacts in the lagoon."It Arroyo Quemada,and East Beach at Mission Creek.Also, if you plan to remains to be seen if the enhanced Pereeatageof�radesby7imeFerkmlf rS nta8arbaraBeaclios mitigation measures undertaken by 3F u swim at Rincon Beach,swim on the north side (Santa Barbara County) the County at Tajiguas Landfill will Fh pip" where the grade was an"A,"versus reduce the bird populations and, in g 42 turn improve water quality at Arroyo �C a the south side (Ventura County) 2 �k Quemada.As for the issue of potential which received a"D"grade. Q r septic system contributions to the Taking a closer look at Arroyo lagoon, no further investigation is cur- Quemada Creek,last year the County rently scheduled. Y(Year-round) N published a report entitled"Bacteria �" �£ .� � � Number of 6ratles by Ye r�fo any Ba�bara�Gounty� �� Ntl�nb� Gradea bygYear r eta Barbara;Coaaty� , a Ba s We■, 199 3 Bs x "^` ❑ 20D0-2001 N a� Gs1� 'F �20 1 2002 a, Cs u e �' f999300A t X,a e? � g� � 2�001 30Q2 s �r 10001 ` �r Wit{year-eountl� t t5 0� 25 U s �1U �b 2t3, (page 121 2001-2002 BRC REPORT Wet weather water quality in Santa itors approximately 54 locations on a improved wet-weather water quality Barbara County continues to be weekly basis throughout the year, this year, as demonstrated in Table 12 poor, on the whole.Although 60% from as far upcoast as Rincon Beach by the lack of"F" grades. of the beaches received an "F" this south of the creek (near the Santa year, this was a considerable Barbara County line) to a downcoast Clean Beach Initiative Summary improvement from the previous two location at Staircase Beach,located at z years- 100% in 2001 and 79% in the north end of Leo Carrillo State 5�0 2002 Annual BeaCFi \ 2000. The improved wet weather Beach. Most samples collected in Report Card VenturaCOunty water quality can be attributed to the Ventura County are between 25 to 50 � lack of a significant rainfall this past yards north or south of the mouth of Table 9�� Nuf er�of Grades by Time Resod for Ventura Beaches winter and spring. a storm drain or creek. F Please see Table 7 and Table 8 for a For the third year in a row,overall dry As _r fat brief review of dry-and wet-weather weather water quality at Ventura 3 , 8s i3 water quality trends for Santa Barbara County beaches was excellent.Of the County beaches for the past three 54 water quality monitoring locations r ®� "-� 'For"Iye$r ound} years.As demonstrated in Table 8, 50 (93%) locations received very-good- the lack of rain this year significantly to-excellent water quality marks (see improved wet-weather water quality, Table 9 and Table 10).By now,beach- compared to the previous two years, goers should know where not to go with seven locations receiving an "A" swimming in Ventura County.A car- Total r sa sad or"B"grade. bon copy of last year, the same four © 10 zo aoao ` so so problem locations received the samegz y 1 Clean Beach Initiative Summary '� exact grades:Channel Island Harbor at f Taaw. CBI water quality improvement proj- Hobie Beach ("F") and Channel Island ��rceniagaof Gradeshy;Time,Periodferiterrtura�8eaohe ects are scheduled for Jalama Beach, Harbor at Kiddie Beach ("F"),Rincon g Refu io Beach Rincon Beach,Mission g Beach,50 feet south of the creek � A z 5 Creek,and Arroyo Burro.The City of ® B g7 k s- mouth ("D"),and San Buenaventura Santa Barbara received a$125,000 Beach,at the Sanjon drain ("C"). g grant to initiate a source identifica- tion/source abatement effort,toward Like other counties,Ventura County ■ F , could not avoid poor water quality It implementing dry-weather low flow 8 during wet weather conditions.This �>l7rY Iyear-round) diversions for Mission Creek and Arroyo Burro.The County of Santa year's 53% for very-good-to-excellent" a' Barbara received$1.2 million to retro- grades ("A" or"B") during wet weath er was significantly better than last 87 „ fit on-site bathroom facilities to prevent g Y wastewater discharges and runoff pol- year's 12%. However, the 53% during e � lution from impacting Jalama Beach, wet weather was still 40 percentage N Refugio Beach and Rincon Beach. points lower than the 93% during dry y ._ weather,and further illustrates the DryAB411) k Sewage Spill Summary disparity in water quality conditions There were zero (0) reported sewage between wet and dry weather. 22N `. m .•y spills in Santa Barbara County that please see Table 11 and Table 12 fora 32 led to beach closures. �� x brief review of dry-and wet-weather 3 a VENTURA water quality trends for Ventura , . The County of Ventura, County beaches for the past three years.The lack of rain significantly ' Environmental Health Division, mon- �W®t{year-round) W 2001-2002 BRC REPORT (page 13) e` H _ hw e•a .a 6 , Hobie Beach, Channel Islands Harbor San Buenaventura Beach,at the Sanjon drain The County of Ventura has received a Arundell Barranca in the Ventura tored daily and two weekly.And final- CBI grant for$1.5 million to address Harbor area, affecting a stretch of ly, the City of Long Beach, the persistent water quality problems Peninsula Beach. Environmental Health Division, moni- afflicting Kiddie Beach.The County tors approximately 20 locations on a has established a task force to assist in LOS ANGELES weekly basis.All monitoring programs the implementation of the grant. The There are four agencies within the collect samples throughout the year group will oversee the impleinenta- County of Los Angeles that contribute and at a distance between 25 and 50 tion of a source identification study monitoring information to Heal the yards north or south of the mouth of and a tidal circulation study,and Bay's Beach Report Card.The City of a storm drain or creek. implement necessary abatement Los Angeles' Environmental Monitoring Division at the Hyperion Dry weather water quality at most Los measures to reduce the amount of Angeles County beaches was very good. bacterial pollution at the beach. Sewage Treatment Plant monitors 20 locations on a daily basis.The Los Of the 81 locations monitored for Sewage Spill Summary Angeles County Department of water quality,67 (87%) received very- Ventura County had one sewage spill Health Services monitors 31 locations good-to-excellent water quality marks that led to a beach closure for the on a weekly basis.The Los Angeles (see Table 13 and Table 14).There past year.A spill of 1,000 gallons County Sanitation Districts monitor Were stretches of beaches that had occurred on October 17, 2001 in the eight locations,six of which are mom- great water quality for beachgoers, such as from Leo Carrillo beach to just r upcoast of Surfrider Beach at the Tai�le r Malibu Colony fence (with the excep- " � am6er rtf Graales hyaear or Ven ra Ceun a t�um6er a 6iadesF y 1e r far Uenfara Lbanty ' tion of Paradise Cove);Santa Monica 8 aches Danng Dry.Weather �a caches Danng y11et]Heather Beach,projection of Montana Avenue to Venice Fishing Pier (except Santa g 3y Monica Beach Pier);Dockweiler 9 Beach,south of Ballona Creek through Css Qt 2aD2\ Cs 'S r, �� 19992�a the South Bay to Cabrillo Beach a zaao�za�a� Oceanside (except Herondo Street =212a02 storm drain);Long Beach City Beach Fs at Prospect Avenue to Long Beach City Y Y£ F w z e Beach at 72nd Place (except Granada " Totaly ��aaF T I` � � Avenue);and all swimming locations o 10 zb so40 �so o o ��o zo so. 44o'Mto�` 80 within Alamitos Bay. {page 14) 2001-2002 BRC REPORT Isom Those locations with dry weather mine how this year's water quality slip line sewer covers (enclosing diversions, such as Santa Monica fared compared to the five-year aver- existing sewer lines within new lines) Beach at both the Pico/Kenter and age.Based on Table 15, the overall to protect against subsurface (under- Ashland storm drains,Venice City picture of dry weather water quality ground) wastewater flows to the Beach at Brooks Avenue, and for Santa Monica Bay beaches can be Herondo Street storm drain,all summed up as an average year.While ' ' ' _ 2001 2002 Annual�B®aches received"A"grades during the sum- public agencies continue to make ` Report Card LasAngeles mer swimming season (April through considerable improvements in dry yea October). weather water quality,wet weather " water quality continues to suffer year Table 93 There were only 10 locations (13%) - NainderofGrariesshyTimo#'onod#orins-RnIasBeat3�es that received a grade of"C" or lower. after year,with water quality improve- These beaches tend to be problem ments stemming from the lack of '2 sub beaches year after year,such as: rainfall.For example, there was a 34% decrease in the number of"C" Bs 9' VW s 3 Surfrider Beach in Malibu,Will "D"and"F" grades this year com- � ? � ■„OfY jye�r raun Rogers Beach at Santa Monica 3 }z Canyon, Cabrillo Beach on the har- pared to the five-year average. °� ®M JUr,AB411} bor side at the lifeguard tower, Long *The discrepancy in the number of Beach City Beach at Granada, the dry weather grades and wet weather Long Beach City Beach at Colorado grades is due to a number of loca- ?" vIN Lagoon, and a number of locations at tions having been removed from the Torah n a1 Avalon Beach on Catalina Island. Los Angeles County,Department of o 20 ao so 80 1voR. Wet weather water quality in Los Health Services monitoring program. �;,fx Table�I'4 Angeles County was much like every Clean Beach Initiative Summary Pereenta�of6radesbyTimePenadfortosAngeles€beaches other county in California—very »gyp " s As part of the CBI program, there x ` poor. During wet weather, 61% of the x y z E are 14 projects worth about$11.5 iA _ . M 54 monitored locations received aN, , million dollars to reduce bacterialp fair-to-poor water quality grade,of w pollution to local beaches in Los _ which 43% of beaches received an "F" a Angeles County. Those projects ® � x grade.The lack of rainfall this year ■ P`' A . g y include three tidal circulation stud significantly reduced the disparity in ies (Mothers' Beach, Cabrillo Beach, water quality between wet and dry and Avalon Beach), four dry-weather et weather conditions. For example, the yr diversion projects (Temescal Yy difference in the number of"F"s «f Canyon, Santa Monica Canyon, V from dry weather (2) to wet weather Imperial Beach Boulevard storm74 ' 11 (23) this year was 21, compared to drain, and Manhattan Beach at last year's 41. 27th), and two pier projects (Santa � a Monica Pier and Redondo Pier) x ,N General Water Quality Trends for , r Santa Monica Bay focusing on source identification D AB411 ry( } n � y Heal the Bay analyzed trends for both and abatement issues. In addition to dry and wet weather water quality for the tidal circulation studies for both22 Los Angeles County beaches (exclud- Mothers' Beach (County project) 17 ing Long Beach and Catalina because and Cabrillo Beach (City of Los ".k Angeles project), there will be minor of lack of data—these two monitoring g P J )> programs were either inadequate or beach improvement projects at both nonexistent prior to 1999) to deter- beaches.Avalon Beach has installed 1 Wet tyeas=round} 2001-2002 BRC REPORT (page 15) s to �yys.�+% 3 $ x r Manhattan Beach Pier Mothers'Beach,Marina del Rey � 7 7 fi rg 7 Abalone Cove Santa Monica Canyon at Will Rogers State Beach nearby swimming beaches. out the region this past year (April ing information to Heal the Bay's 2001 to March 2002) discharging a Beach Report Card.The South Sewage Spill Summary total volume of 1,564,993 gallons of Orange County Wastewater Authority There were 29 sewage spills through- sewage into local receiving waterbod- (new name for both Aliso Water . ies. Of the 29 sewage spills, three Management Agency (AWMA) and � � 3 abl® 15 spills were in the major category (> the South East Regional Reclamation i 2A02SantaManica�ayVYaterUn ty impari�ita 10,000 gallons) and accounted for Authority (SERRA)) monitors 33 loca- theFweY r ge 199720Q11 ' 98% of the total volume spilled. Five tions on a weekly basis.The Orange As at of the 29 sewage spills actually led to County Environmental Health Dry Wet _ X beach closures.Although there was Division monitors 95 locations (of � s arl $ M a one less beach closure due to a which 55+locations are covered in the sat a - sewage spill and approximately nine Beach Report Card) on a weekly basis.aw CsQry} a 0 Qrr� � ara�e less sewage spills compared to last The Orange County Sanitation w�a�+�� ? N 20021Wat grades \��` year, the volume of sewage spilled District monitors 17 locations twice a Ga 11s�ry "fly x increased by 1,189,993 gallons. week.Samples are collected through- Wet s < J ORANGE COUNTY out the year,usually near flowing pry storm drains,creeks or rivers. There are three agencies within Overall,dry weather water quality at g t7'that provide e Co unty monitor- (page 16} 2001-2002 BRC REPORT f Q 8 most beaches in Orange County was receiving an "F" during wet weather. last year (April 2001 through March very good. Of the 105 water quality Also, only 34% of the 105 locations 2002) that led to beach closures.A monitoring locations covered by the monitored received very-good-to- total of 51 sewage spills closed beach- Beach Report Card,81 (77%) received excellent water quality marks com- es throughout Orange County and very good-to-excellent water quality pared to 77% during dry weather. marks (see Table 16 and Table 17). a a Please see Table 18 and Table 19 for �2©01'�20�2£Annual�BeaGh', Orange Coun s stretches of beaches g ty a brief review of dry-and wet-weath with great water quality were Seal RepartCard Or ngeCounty g q er water quality trends for Orange Beach at 8th Street to Huntington 3 County beaches for the past three State Beach at Newland Street; y f Table 16 years. This was an average year for Ne ort Beach at Oran e Street to Numher,of Grades hTime Periwl forprange�Couoty Beaches g water quality at Orange County s ` Dana Point at Dana Strand Beach;and beaches during dry weather, while xe. San Clemente, north of the pier, to the lack of significant rainfall during San Clemente Beach at Las Palmeras. this past year made for an above s i wyhy �a As for water quality on the bayside, the ■ Dry;{year roerie} average year for water quality during a results were similar to last year. Most �� C] Dry{A641t} wet weather. r locations within Huntington Harbour ps as '" UVet and Newport Bay included in the Clean Beach Initiative Summary t � Report Card were very-good-to-excel- Orange County has eight CBI prof- ; lent,with the exception of 11th Street ects costing approximately$4 million soa Total toe Beach in Huntington Harbour and dollars to reduce bacterial pollution ' o soo so 3 ao ` 100 120 Newport Dunes (North) and 43rd to local beaches.The City of Dana �r Street Beach second year in a row m Point will divert the Ali az Street and ( Y ) � P E - �� 6 Newport Bay. Del Obispo Street storm drains away Perce�rtage adeshyTimerenadfmthangeUimrvBeaches s There were 24 locations that received from San Juan Creek to the sanitary sewer.The Cityof New ort Beach will z fair-to-poor water quality marks in p A 5 Orange County. For the third year in implement several dry-weather diver ® B ,62 J ,x a row, 14 of the 24 locations were in sions,a tidal circulation study, and C modify a number of storm drain two areas, a stretch of Doheny Beach (from San Juan Creek to 5,000 feet of inlets to Newport Bay beaches.The Count of Orange will implement d R SOCWA's south outfall),and a pocket Y ran g p D spry{year=round) beach in Dana Point Harbor called weather diversions at Poche Creek (or a package treatment facility), > Baby Beach. Other problem beach spots were: 1 year in a Huntington Beach,and Dana Point s 4 p ) for the third Y Harbor (Baby Beach). In addition to row, Huntington State Beach at the diversion at Baby Beach, the Magnolia Street and Newport Bay Beach at 43rd Street; and 2) for the County plans to conduct a tidal circu- lation feasibilitystud to determine if second year in a row, HuntingtonY' e z increased tidal flows will reduce bac Dry{A84t1} Harbour Beach at I1th Street and y 'r, y y x terial concentrations and a source Newport Bay Beach at Newport s= " Dunes (north). identification study. 25 As for wet weather-water quality in Sewage Spill Summary F Orange County, there were 70 loca- Once again, Orange County led all a" tions receiving fair-to-poor water qual- other counties covered in this report r ity marks,with 46% of the beaches in the total number of sewage spills y x 2001-2002 BRC REPORT {page 17) 0 g„ 07 Crystal Cove Seal Beach discharged over 76,700 gallons of Authority,the San Onofre Generating San Diego County had stretches of sewage. None of these spills were Station,and the County of San Diego beaches with great water quality,such "major"sewage spills (> 10,000 gal- Environmental Health Services.A as Oceanside at Harbor Beach to lons),which was an improvement majority of the 110 monitoring loca- Leucadia at Grandview Street; Swami's compared to last year's six major spills tions covered by the Beach Report Beach in Encinitas to Windansea discharging 478,032 gallons.Although Card are sampled and analyzed by the Beach;Ocean Beach at Ocean Pier to the number of beach closures due to City and County of San Diego.Samples Point Loma Lighthouse;and sewage increased by 14 spills, the total are generally collected at the wave wash Coronado at North Beach to Imperial volume of sewage spilled to receiving (where runoff and ocean water mix) or Beach at Seacoast Drive.Within waters decreased by 435,769 gallons. at a 25-yard distance from a flowing Mission and San Diego.Bays,for the storm drain,creek or river. second year in a row,water quality var- SAN DIEGO Overall,dry weather water quality at ied greatly from beach to beach.As There are six agencies within San beaches in San Diego County was very was noted in last year's Annual Diego County that provide monitoring good. Of the 110 water quality moni- Report,and is true for this report, information to Heal the Bay's Beach beaches located within enclosed bays Report Card:the City of Oceanside,the toring locations,84% received very City of San Diego,Encina Wastewater good-to-excellent water quality marks tend to have reduced tidal circulation (see Table 20 and Table 21). Similar and are more susceptible to lonb term Authority,San Elijo Joint Powers to Los Angeles and Orange County, pollution problems compared to S open-ocean beaches. Only 27 of 40 / Y (68%) beaches within the bays NU eroftrsd�ecbyYea�r �OrengeCn�utlry eaehes �� u er�af shy Year#�r ange_Gounty leaeftes receivedvery-good-to excellent water ' Du�r�pry�WeaChar \boring WetlAl at quality marks,compared to the 65 of to �\ 69 (94%) beaches on the ocean side r � �s50Y7 in San Diego County. toC� 2O�10UU1 r3 s�e There were.18 locations in San 5 to i99B 2U Die o Coun that received fair-to- �a g h' q' i � a t t' D 20DU- az a1 poor water quality marks.The beach- . es in Mission and San Diego Bay ' } a fie �� accounted for 12 of the 18 poor ft toyx .09 f grades. Other problem beaches for / x � 1 to43 Y the second year in a row were: Total tat Totalet � t1115�� e tOfi " Moonlight Beach in Encinitas, Pacific ° a° ac?, so scrloo tzo a `xzv ao Aso s� _ toci �zo g (page 18) 2001-2002 BRC REPORT Beach at P.B. Point, and the Tijuana magnitude and frequency of bacteri- waterbodies. Heal the Bay began by Slough Natural Wildlife Reserve at al exceedances. evaluating the Beach Report Card the Border Field State Park. grades compiled for this year's Sewage Spill Summary Annual Report. The grades were ana- during wet weather than most other Whereas Orange County led all coun- ties in the total number of sewage ' Southern California counties,with the 2fl01 2fl02 Annual AM— Southern spills that triggered a beach closure, �:s NJ � County having the highest percentage - Report�ard San�Dloci the County of San Diego led all coun M x r of beaches that received an "A" grade, County �- ties in total sewage volume spilled. pft, and the second lowest percentage of TO There were 32 beach closures due to 20 ,.. � � 'Tables �� z beaches receiving an"F"grade.Thea sewage spills,discharging 13,034,515 E Nam r of Grades 6y me Peen©d for San Mega County Beaches _ only caveat is that the County severely gallons to the ocean.The bulk of the 1` � a1 reduces its monitoringprogram ". b Y volume spilled can be attributed to 80%,with only 22 locations moni- n r one extremely large sewage spill from gs $ z tored during wet weather. the Tijuana Slough of 12 million gal- Ions, s r ■ Ory�{year-roam}4 which accounted for 92% of the a Clean Beach Initiative Summarye.,, O�Ory{AB411) As part of the CBI program, there total volume spilled.There were sixz ' I additional beach closures attributed are five projects costing approximateTN £ a �r ly$7.8 million to reduce bacterial to the Tijuana Slough sewage spills. 1 Fs sr y . However, there were no known vol- pollution to local beaches in San Total �� Diego County.Three of the proposed umes associated with those spills. In u� ' projects are dry-weather diversions addition,two other waterbodies,San ',` o 20 Sao k' so so100 20 .i (Imperial Beach, Coronado Beach, Diego Bay and Ocean (Dog) Beach at the San Diego River outlet,were often and Mission Bay). In addition to the PercentageGradeshpT�mePe€��IFruSan'die�C�MyBes diversion projects planned for impacted by sewage spills.There were 1 six spills at both locations discharging Mission Bay, the City of San Diego O=A will conduct a number of source 229,700 gallons and 737,850 allons �µ ry s g g O B `� X74�� Ifl y of sewage, respectively. Overall, there s ei identification studies on various t p watersheds that discharge to Mission Were nine major spills (> 10,000 gal- ■ p- _ s Bay. The City of Encinitas will install Ions), 16 minor spills,and six spills of ■ F 1 an ultraviolet/ozone treatment facili- unknown volume in San Diego IT . ty at Moonlight Beach (Cottonwood County. Ivey oun�d} .�, Creek) to reduce the bacterial ollu- ( x0 „ p Beach Pollution Patterns € -- 1 y b � tion in the creek before discharging Once Y Y again, Heal the Bay analyzed g � � TT- it back into the lagoon and out to the Southern California data (Santa the ocean.The City of Imperial Barbara County to San Diego , ITT Beach will try to determine the County) to determine if there were ° extent of beach area affected during ' regional monitoring trends.Were s different time periods by flows from ` 13ry{AB4�11'} there significant differences in water the Tijuana River Treatment Plant, quality based on beach type. For this the South Bay Treatment Plant and ' analysis, Heal the Bay divided all urban runoff from the Tijuana River. 55 Southern California beaches into W Finally, the City of Imperial Beach ` s ' three categories: open ocean beaches, will be focusing on the relationship beaches adjacent to a creek, river, or between ocean currents (flow direc- storm drain (natural or concrete), t y tion) from the Tijuana River, and Wet{year=round}a and beaches located within enclosed tj 2001-2002 BRC REPORT {page 19} "r October) condi- children, parents should become s tions. informed about the water quality �'. F �5 For the second before allowing their children to swim .a.�' these beaches. year in a row, the results demon- The results also demonstrate that i>�,R """1,0 a1„ ` r C ter' strate that water there was not a substantial difference F 6 01 i _ ""• �r quality at open (varying between one and five per - NW, 1 .,: ocean beaches is cent) between year dry weather ` `- y tR substantially better quality and beach water quality dur- f than at beaches ing the"summer-AB 411" months impacted by storm The lack of rainfall this year signifi- y drains.These cantly improved overall wet weather Baby Beach,Dana Point Harbor results are not Sur- water quality throughout the three prising because beach types (see Table 23).For exam- dry for three different time periods: storm drains are known sources of dry weather"summer months"from ple,last year the percentage of"F"let- high indicator bacteria densities. In ter grades for open ocean,storm April to October,dry weather year- general, the worst water quality is round,and wet weather year-round. drain impacted,and enclosed beaches found at enclosed beaches, probably were 40%, 66%,and 93% respectively, Table 22 illustrates the grades by per- because of the poor water circulation cent during dry weather for both compared to this year's 11%, 37%, that is often associated with these and 68%. However, the disparity in year-round and AB411 (April to beaches.Approximately 35% of the water quality from beach type to enclosed beaches received poor water beach type remained,with open quality grades as opposed to 14% and z: Tab1 22 ocean beaches once again having the 0% of those beaches impacted by `grades:byPer+��t;R�fsnvefaTypeofBsDanngkry3li+eafher best water quality during wet weather: ,x Gonditisns(sm Apnl Qp fhrsugfi M ch 02 storm drains and located at open Both storm-drain-impacted beaches r ocean locations respectively. Enclosed Total r and enclosed beaches had poor water be beaches continue to demonstrate ches� az Y quality during wet weather,with poor water quality conditions com- "�As"�0 enclosed beaches failing 68% of the as pared to their counterparts on the `a a time. ocean-facing side.Although enclosed beaches appear safe and inviting to r 7 86,06 u- s A84i1 fix$ �F Tab1�,23 A= y zs G ades=by Percent: �afrve to Type qi Beach t)arrng 116 g �, a �� ,NVeather om nl 200E t�msgh March 20 � 5 Dry 2 � 3 A'x_ u a 4 ■ Upen ocean£;A64111 - `Gs I,Qs n s 1 A a•3 sa `$ �k...a s� a- \ �8� � , _ 3y. ° a ` ® 3tarn►dratnsfmi aafed p _ r iN 41 OY 50 100 150' 2p0 �250 6 St3 100 150i L 200 ' (page 20) 2001-2002.BRC REPORT State and Federal L 1ation Update Performance Board (SWRCB) managing and Criteria for implementing the program.The Recreational Clean Beaches Advisory Group, a Waters,and the technical committee formed by the Ambient Water SWRCB, has reviewed most of the Quality Criteria for proposed projects to ensure that the Bacteria—contain goal of the Clean Beach Initiative—a � x a number of short- reduction in the number of beaches � xF comings that do posted or closed and a lower frequen- t not address the cy of beach closures or postings due original legislative to bacterial pollution—is achieved. intent—to standard- _.' Kiddie Beach, Channel Islands Harbor ize monitoring and Proposition 40 reporting programs With the passage of Proposition 40 FEDERAL to better protect beachgoer health. (AB1602,Keeley, the California Clean The reasons are discussed later in our Water, Clean Air, Safe Neighborhood USEPA's BEACH Program recommendations section. Parks and Coastal Protection Bond The U.S. Environmental Protection Act of 2002), $2.6 billion is now avail- Agency (USEPA) recently provided STATE able to provide clean, safe drinking $10 million in grant funds to states to Clean Beaches Initiative water, clean beaches and coastal help establish National Bathing Water waters, improve state and neighbor- Last year,Governor Davis appropriat- Standards.The program was sup- hood parks, protect wildlife and open ed$34 million in the state budget for posed to develop beach water quality space,and achieve better air quality. protecting and restoring the health of monitoring and public notification More specifically, there is now$375 California's beaches.Approximately programs,because practices vary con- million set aside for watershed protec- $32 million was directly allocated for siderably, from county to county and lion, clean beaches, rivers and state to state, at beaches and other capital projects to improve water streams. quality at popular polluted beaches recreational waters across the coup- or- Pro Proposition 40 continues the im try.These national standards are over the next two years. An addition- P P al$1.5 million is earmarked for tant work initiated by Propositions 12 designed to ensure that beach water and 13, to further clean u much-needed research on rapid P quality monitoring standards and California's most polluted beaches, pathogen indicators and pathogen public notification programs ade- quately protect public health regard- source identification efforts. rivers, and creeks. The fact that fund- less of the location of the beach. The$32 million has largely been dis- ing i will be made available on a per- tributed to 39 projects throughout cap ta basis means that every coastal However, two documents related to community will benefit from the pas- the coastal portion of the state,with the BEACH program—the National sage of this ballot measure. Beach Guidance and Grant the State Water Resources Control 2001-2002 BRC REPORT (page 21) 0 0 o Updates, Accomplishments and FutureF�ecommendations moved us from the quality without a requirement for a ,. rhetoric of"swim- timely public notification,variable mable waters" to sampling techniques and no " the reality of clean required method of public notifica- , _. beaches. Soon, tion when beach water quality has beachgoers may no been exceeded. USEPA's original longer have to con- goal, to develop a national stan- �„ ,a cern themselves dardized monitoring and reporting W about water quality program for beaches,will not be conditions,when achieved with the current program. a<, entering the water The program does not adequately in Santa Monica guide health officers to establish a Cah,rillo Beach,harborside at lifeguard tower Bay during dry meaningful monitoring program or weather.This provide beachgoers adequate Fecal Total Maximum Daily Loads process was a result of a 1998 consent health protection.Finally, USEPA This past January, the Los Angeles decree entered into between Heal the should have developed a rigorous, Regional Water Quality Control Bay, NRDC,the Santa Monica health-protecting model beach pro- Board (RWQCB) adopted a dry- Baykeeper and the EPA. gram, in which states that are will- weather Fecal Bacteria (Pathogen) ing to implement all or most of the Total Maximum Daily Load (TMDL) Recommendations for model program would be eligible the coming year: for Santa Monica Bay beaches.A ■Continue to advocate for the for funding. USEPA refused to do TMDL is the maximum amount of a United States Environmental this because many eastern states pollutant,in this case fecal bacteria, Protection Agency (USEPA) to want funding to perpetuate their that a water body can receive and still incorporate California's Beach inadequate monitoring programs. meet water quality standards set to Bathing Water Standards and ®Advocate for the USEPA to make protect the beneficial uses of that water body. The Santa Monica Bay Public Notification Protocols into six major modifications to the fecal bacteria TMDL for dry weather the nationwide program.The Ambient Water Quality Criteria for will prohibit any bacterial exceedance USEPA will soon make public the Bacteria, 2002 version. USEPA is in National Beach Guidance and the midst of reissuing the 1986 at all beaches during the summer months (April through October).All Grant Performance Criteria for Ambient Water Quality Criteria for beaches must be cleaned up and in Recreational Waters (nationwide Bacteria. This document has a sig- compliance with this TMDL by 2006. beach water quality monitoring and nificant number of shortcomings, For dry weather conditions outside of public notification program).Yet which further reduce the health the summer month time period there are considerable shortcom- protection of recreational water (November through March), no ings of the program as proposed. users.Three of the six major issues beach in Santa Monica Bay will be As currently written, USEPA will are 1) USEPA's lack of justification allowed to exceed bacterial standards allow for sampling frequencies as for allowable risk rates (the num- for more than 3% of the dry weather infrequently as monthly for some ber of acceptable illnesses among days sampled. This TMDL has finally beaches, monitoring beach water recreational water users); 2) the [page 221_2001-2002 BRC REPORT proposal to increase the allowable As for the fecal bacteria TMDL for of their ability to make an risk rates (illnesses) for freshwater Malibu Creek, the RWQCB must informed decision about attending users from 8 illness per 1000 swim- use bathing water quality standards that beach. mers to 14; and 3) USEPA's sup- to set the TMDL and assign tough port of a variable standard for bac- waste load allocations to the vari Continue to ensure that best man- terial indicators depending on ous known bacterial inputs from agement practices are implement- beach usage. On the third point, urban runoff, horses, and septic ed at enclosed beaches, and devel- USEPA finds it acceptable for a systems.Also, the implementation op and implement tidal circulation improvements to reduce bacterial beachgoer to swim in more con- plan for the various sources of taminated water at Leo Carrillo fecal bacteria needs to be detailed. indicator densities. Beaches such as. Beach in Malibu than at Venice The Malibu Creek fecal bacteria Kiddie Beach in Channel Island City Beach, merely because Leo TMDL will probably be before the Harbor, Mothers' Beach in Marina Carrillo Beach is frequented by Board this fall. del Rey, Cabrillo Beach in Los Angeles Harbor, Mothers' Beach in fewer people. The proposal would allow enterococcus densities to be Advocate for the Los Angeles Long Beach and Baby Beach in three times higher at less frequent- County, Department of Health Dana Point Harbor all received fair ed beaches. Services to resume weekly water to poor water quality marks. quality monitoring at Mothers' Whether the pollution problem is ■Advocate for the Regional Water Beach in Marina del Rey. Since due to the lack of tidal circulation Quality Control Board (RWQCB) September 2000, the County has or the beach's proximity to a pollu- to adopt a strong wet weather Total ceased all shoreline monitoring tion source,young beachgoers are Maximum Daily Load (TMDI.) for within Mothers' Beach, relying sole- far too frequently exposed to Santa Monica Bay beaches, and a ly on the City of Los Angeles' single unhealthful water quality condi- fecal bacteria TMDL for Malibu sample location.As has been tions. One of Heal the Bay's high- Creek. The RWQCB staff is in the demonstrated in past years in our est priorities for the year is to process of completing the wet Beach Report Card,water quality ensure that these chronically pol- weather TMDL for Santa Monica conditions at Mothers' Beach and luted beaches are cleaned up. Bay beaches and should be present- other enclosed beaches can vary ing the document to the board for significantly within a short distance. Continue to encourage monitoring adoption this summer. The key Mothers' Beach is the only agencies to monitor water quality at issue of this TMDL will be the num- enclosed beach in all of southern popular beaches year-round ber of days municipalities/public California with only one sampling (beyond the AB411 required dates agencies are allowed to exceed station. Other enclosed beaches, of April-October).Year-round mon- State Beach Bathing and Ocean such as Kiddie Beach in Ventura itoring provides those beachgoers, Plan standards.This will depend on County,Baby Beach in Orange namely surfers who frequent the the reference site selected (e.g.,a County,and Avalon Beach on beach due to winter swells,with beach with no,or very few, sources Catalina Island,which are much important information about water of pollution) and the rainfall per- smaller in beach area, have multi- quality. In California there is no set centile selected to run the TMDL ple monitoring stations to better beach season. Surfers,swimmers, model.The wet-weather TMDL characterize overall water quality. divers,wind-surfers,and kayakers should not allow bathing water By reducing the total number of use the water year-round,so all of health standards to be exceeded samples collected and beach area these ocean enthusiasts have the any more frequently than beaches covered, County Health Services right to know about water quality at at the mouths of reference water- has, in effect, deprived the public their favorite beaches on a year- sheds. Look for the issue to be of their right to know about accu- round basis. extremely controversial. rate water quality conditions,and 2001-2002 BRC REPORT (page 231 ■Continue to work with the sistently exceeds a coliform objec- runoff sources and reduction in Counties of Marin, San Francisco, tive or exceeds a geometric nuisance flows,and health-effect and San Mateo to develop or mean...the Regional Board shall studies for wet-weather exposures, improve their monitoring pro- require the appropriate agency to multiple exposures,and at grams. Heal the Bay will continue conduct a survey to determine if enclosed beaches. Understanding to work with the Environmental that agency's discharge is the source beach pollution problems, their Health Departments in each of of the contamination." (State Water cause, the fate and transport of these counties to ensure that the Resources Control Board Ocean pathogens and pathogen indica- necessary resources exist for them Plan 1997) AB538 states that source tors,and the human and marine to develop an adequate monitor- investigations shall be conducted"if impacts of exposure to polluted ing and public notification pro- bacteriological standards are runoff and pathogens,will help us gram. Beaches in these counties exceeded in any three weeks of a to better protect this coastal are far too popular to have inade- four-week period,or,for areas resource.This is a recommenda- quate or non-existent beach moni- where testing is done more than tion that has been echoed by the toring and/or reporting programs. once a week, 75 percent of testing State Water Resources Control Again, the public has the right to days that produce an exceedence of Board's Beach Water Quality know about water quality at their those standards." Workgroup. favorite beaches. ®Advocate for full funding of the !Advocate for additional Clean ■Advocate for the State to enforce Beach Water Quality Source Beach Initiative funding. Heal the Sanitary Survey Protocol Identification and Technical Bay is advocating for an additional Requirement as established in Assistance Projects. Last year, $25 million a year for the next AB538 and Ocean Plan. In an effort Governor Davis, as part of the three years to be spent on coastal to do more than just notify beach- Clean Beach Initiative,appropriat- projects to further reduce bacterial goers of potential water quality ed$1.5 million for research on pollution at local beaches. The CBI problems at their favorite beaches, rapid pathogen indicators and has proven to be an effective pro- per AB411,AB538 was passed to pathogen source identification gram and more resources are require sanitary surveys (source efforts. Unfortunately, this allot- needed to help clean up investigations) to be completed at ment was only a fraction of the California's most polluted beaches. those beaches where water quality amount of funding needed to ade- The recently-passed Proposition 40 problems existed.The idea was to quately study beach pollution is an excellent source of funds for determine where beaches with issues. Given the importance of the program. water quality problems existed, coastal tourism to the California identify the sources causing the economy—the Natural Resources impairment, and implement neces- Defense Council estimated that$37 sary strategies to abate the pollution billion was generated by coastal source.The requirement of a tourism in their 1999 "Testing the source investigation is not a new Waters:A Guide to Water Quality at concept created by AB538 in 1999. Vacation Beaches"—Heal the Bay The Ocean Plan has stipulated this strongly recommends that$20 mil- procedure since 1988.The issue is lion be allocated to conduct a num- that the State rarely enforces or ber of necessary scientific studies. requires municipalities to imple- Such studies include pathogen ment these surveys when detection and quantification meth- exceedances occur.The Ocean Plan ods, a source identification states that"...if a shore station con- methodology, a characterization of [page 24} 2001-2002 BRC REPORT Wmg Aclinomiled .rox% dw� i nts map THIS REPORT AND THE ENTIRE BEACH County Of Monterey, Environmental Orange, Department of Public Report Card program would not be Health Division; the County of San Health, Environmental Health possible without the cooperation of Luis Obispo,Environmental Health Division; the Orange County the many monitoring agencies Services; the County of Santa Sanitation District; the South Orange throughout California.These agen- Barbara, Environmental Health County Wastewater Authority; the cies include the County of Sonoma, Services; the County of Ventura, County of San Diego, Department of Environmental Health Division; the Environmental Health Division; City Environmental Health,Land and County of Marin, Environmental of Los Angeles Environmental Water Quality Division; and the State Health Services; the County of San Monitoring Division; the Los Angeles Water Resources Control Board. Francisco, Public Health Department; County Sanitation Districts; the Los A special thank you to the Ford the San Francisco Public Utilities Angeles County, Department of Motor Company for their continued Commission; the County of San Health Services; the City of Long support in funding the Beach Report Mateo,Environmental Health Beach, Department of Health and Card program and the publication of Division; the County of Santa Cruz, Human Services,Division of this report. Environmental Health Service; the Environmental Health; the County of 2001-2002 BRC REPORT (page 25) A 04 "0 '%F A Each threshold is based on the pre- TABLE A-1. Bacterial Indicator Exceedance Thresholds in cfu/100ml. scribed standards set in the California Department of Health Service's >T+I s.d. very high risk Beach Bathing Water Standards.The magnitude of the water quality Total Coliform 6 711 9 999 10 000z 14 900 >14 900 na ° threshold exceedance and laboratory Fecal Cohfornr; , 268 399 400 596 >596 na ..r fir.- .s . ,v ,- a variability was addressed by the inclu Enterococcus 70-103 104-155 >155 na sion of standard deviations in setting y 44 Total'to Fecal Ratw 101 13 � 7110 217 <21 the thresholds. The standard devia- s r� (when Total>,1000) 10 tions used were developed during the 1998 laboratory inter-calibration 1)s.d.—standard deviation study led by the Southern California 2)Bold numbers are the State Health Department standards for a single sample. Coastal Water Research Project and TABLE A-2. Threshold Points the Orange County Sanitation District that involved over 20 shoreline water 2 J 3 4 quality monitoring agencies in �Mi T+I s.d. >T+I s.d. very high risk Southern California. Total Coliform Fecal Coliform The number of points subtracted Enterococcus: 6 18 24 from 100 for total coliform,fecal col- iform,and enterococcus are:6 points �Tol two Fecal°Ratio I*,, l 21 35 42 {when Total>1000) r yF 9 for bacterial densities falling in group -;� A , .,,r one (threshold minus one standard 1)s.d.—standard deviation deviation or T— 1 s.d.), 18 points for group two (T+ 1 s.d.),and 24 points The total number of points for the The grading system is as follows: for group three (indicator densities> annual period is divided by the aver- T+ 1 s.d.).The point system for total age number of samples collected in a TABLE A-3.Grading System to fecal ratio is: 7 points for group week.This number is then subtracted Grade Points one, 21 points for group two,35 from the original 100 points to obtain points for group three,and 42 points a grand total from which a letter A+ = 100 for group four (very high health risk). grade is derived. Fie 99 Exceedance of the total to fecal ratio threshold leads to lower grades B = 80 89 because exposure to water with low C 70 79 ratios causes an even higher incidence D 60-69 of a variety of adverse health effects F` 059r relative to the health risk associated with the other bacterial indicators. {page 261 2001-2002 BRC REPORT AnDend 'lx B 2001-2002 Beach Report Card Annual Grades by County Sonoma County Santa Cruz County i' dr Gualala Regional Park�Beach r A+ tgWatldell CreekN Jat WaddoI Creeks - a Black Point Beach A+ * Scott Creek Beach at Scott Creek A+ A+ Sfllwater Cove Ri gmnal Park Beaeh £ A± Oavnport Beach at Sao Vicente Creek 't0. 7&Z Goat Rock State Park Beach A+ * * Natural Bridges State Beach A A F WNW r a a Salmon Greek �State Park Beach A+ Mttchell s Cove Beach " A y B ,` B Campbell Cove State Park Beach F * r Lighthouse Beach(Steamer Lanee))* A+ A+ Doran Regional ParkvBeach A+ ,,* Cowell Beach at Stairs A+ 11+ F Cowell Beach,west of wharf A A F ante.Cruz Mam Beach at Boardwalk A A F x .-. .. Santa Cruz Main Beach,at San Lorenzo River A A F s� NA �Seabnght Beach/ r� y s,r . Twin Lakes Beach A+ A F ;Sunny Cove Beach C, B " .� ,. Corcoran Lagoon Beach A+ VqV wMoran Cake Beach s , Pleasure Point Beach A+ A Capitola,Hooper's�Beach D D . Capitola Beach,east of Capitola Pier D F ' ?Capitola each west of�ettyf ` C f' F Capitola Beach,east of jetty A B F New Brighton Beach y� ��r� A� �d A�� F p Seacliff State Beach A A F RioDel Mar BeachX Al A Hidden Beach A+ A+ y7 W. Manresah .... A+. A+ Sunset Beach A+ A+ ^'p 1Pajr�,°�Dunes Beef *Health Department only monitors during AB411(April through October) and/or not enough wet weather samples to determine a wet weather grade. 2001-2002 BRC REPORT (page 27) ' MontereyCounty Obispo County 1 I 1 I I 1 1 1 I 1 1 1 1 1 1 I I 1 .', 4 Monterey Beach Hotel west of Robert s Lake dutlet �A Cayucos State Beach between Cayucos Creek and Pler ^A+ .,, Del Monte Beach,projection of Camino El Estero B Cayucos State Beach,south of pier A+ c Iz ,mu San Carlos Beach at San�Car�los Beach Park s 83 *� M— Bay City Beach projection o*ascadero Rd yA+ .. , , . ,. w . Lover's Point Park,projection of 16th Street B Morro Bay City Beach,75 feet north of main parking lot A+ n r `. Asdomar Stale Beach:pioj cilon of'A�en Av Avda Beach projection of San Juan St A+ ` � * "" Spanish Bay at Moss Beach A * Avila Beach,projection of San Luis St. A+ Stillwater Cove at Beach and Tenors Club 0 v *' Pismo Beach pro)ectlan of Wadsworth;St. A * Carmel City Beach,projection of Ocean Av. A+ Pismo Beach Pier,50 feet south of pier A *Health Department only monitors during AB411 (April through October) Pismo Beaeh,"profe U no of Ocean View Av A� and/or not enough wet weather samples to determine a wet weather grade. Pismo State Beach,330 yards north of Pier Av. A+ Pismo State Beach;projection of Pler Av q+ PismoTIM State Beach,projection of Sandpiper Ln. A *Health Department only monitors during AB411(April through October) and/or not enough wet weather samples to determine a wet weather grade. (page 28) 2001/2002 BRC REPORT 6 R R Santa Barbara County 1� I 1� 1 1� 1VenturaCounty 1 1 1 1 1 1 1 1 I I 1 1 I I I I I I e Du s ate" , 01, Guadalupe nes y A A A Rmcon Beach�50 feet south of creek mouth ;, F D F AL Ocean Beach at Santa Ynez River A+ A+ Rincon Beach,100 yards south of creek mouth A A B !Ocean Beach 1 J2 mde south B B ..... Beach at end of footpath tabeach B B 8 Jalama Beach at Jalama Creek B B F La Conchita Beach at Ocean View Rd.drain A A C �. ' Gavot State Beach at Canada de las Cruces D y D F Mussel Shoals Beach,100 yards sou th of plei A Arroyo Guemada F F F Oil Piers Beach,south of Mobile Pier Rd. A+ A A Refugio S ate Beach at Canada del Refuglo B f C f Hobson Corny Pik acro rom lowthe stabs r - EI Capitan State Beach at Canada del Capitan A A A Rincon Parkway North at Javon Canyon A+ A+ A 3 Haskel l Beach es y ip ,f B B *13 Faria County Park afftdre Juan Greeks W �A A+ D Sands at Coal Oil Point A A B Mandos Cove A A C o c % Goleta Beach 20D yards east of pier r C ,B f Solimar Beach north ehd A+ A+ Aim .,. a.... Hope Ranch Beach at Las Palmas Creek B B F Solimar Beach,south end A A B ArrayoBurro Beach at Arroyo Barra Creek C B r F� Emma Wootl StateBeach 50 yartls south of fast d/44 ram Leadbetter Beach at Honda Creek F D F Seaside Wilderness Park,400 yards north of Ventura River A+ A+ A r East,Beach at Mission Creek r 'F Surfer s Point at�Seaside Parka �d A F , emu,. . Aa.a.. ._ � ...o East Beach at Sycamore Creek A A F Promenade Park,projection of Figueroa St. A A F 77, Butterfly Beach'° NAI, A A C P6nenade,Park projection of Paseo del Playa; d A i B Hammond's Beach at Montecito Creek B A F Promenade Park,projection of Oak Street A A C Caarrpin ena Clty Beachprojectmn of LlndenIAv A+ A B Pram ne ode P rk protection of California St Carpinteria State Beach at Carpinteria Creek A C F San Buenaventura Beach at Kalorama St.drain A A C Rincon€Beach at Rmcob Leek f s .`^ ,San Buenaventura Beach at Sanjoa fltl dram D C D *Health Department only monitors during AB411 (April through October) San Buenaventura Beach at Dover Ln.drain A A B and/or not enough wet weather samples to determine a wet weather grade. K San Buenaventura°Beach at Weymouth f n tlrain �p+ 511 A+ C " r -,: e , Marina Park,north of the playground A A C Peron Ius a 8ea� nortfi of osuth3tetty ` A A k F South Jetty Beach A+ A+ A Surfer s Knoll ' �A A C McGrath State Beach,half mile north of Gonzales Rd A A C 7RIA a McGrath=State Beach;protection o#,Gonzales Rd A A C _ -_ . McGrath State Beach,Southend of McGrath Lake A+ A+ C Mandalay County Park;'protection of 6th St Mandalay County Park,projection of Channel Way A+ A+ B Mandalay County Park;prate�eUon of Outrigger'Way A+ Ate+ : C Oxnard Shores,projection of Amalfi Way A+ A+ C 2001/2002 BRC REPORT (page 29) Ventura County (continued) Los Angeles County i i i r i i i i i i i Oxnard ip State Beach proieeUon ai Falkuk Avg A+ A+� C Lea Carnllo�Beach / �` A A A Oxnard State Beach,projection of Starfish Dr. A+ A+ C Nicholas Canyon Beach,33 yards west of lifeguard tower A A A+ H6 ,poryectiontof La Crescenta St �' A+' A+ B Trances Beach entrance HywoodlBeach A MW Hollywood Beach,projection of Los Robles St. A+ A+ A Westward Beach A A B Channel islands Harbor.Hobie BeachHataLakshoreDr Fe � ' F F Paradise Cove Channel Islands Harbor at Kiddie Beach F F F Latigo Canyon Creek entrance A+ A D Channel Islands Harbor at Kiddie Beach(end of rocks) A , B £B Puerca Beach lrfeg""card station by bridge" Silverstrand,projection of San Nicholas Av. A A A+ Surfrider Beach at Malibu Colony fence A A F Silverstrand is action of Santa Paula Dr A+ �A+ A+p ) �Surfntler Beach at breach location Silverstrand,La Jennelle Park at Sawtelle Av. A+ A B Malibu Pier,50 yards east B B F ZI Port Hueneme Beach Park 5D yards'narth of fishing pier A+ A+ A+ big Rack Be72, ach Ormond Beach,50 yards south of J Street drain A+ A A Topanga State Beach A A F Ormond Beact50 ardsnorth of Oxnard Industnat dram A / A B Wi1 R�agers Beacfi 400yyards east"at PCflAand Sunset BI Ormond Beach,projection of Arnold Rd. A+ A+ D Will Rogers Beach,east of Bel Air Bay Club B A C Point Mugu Beach a go A+ A+ D Wii R gars Beach-at Pulga Cany n storm dram A A A ,.,,,a .,.wu.,_..�c,r. °Thornhill Broome Beach at La Jolla Canyon 11, �,/,�A+ A A+ Will Rogers Beach at Temescal Canyon C Bey„ y F '•.zLF` p`r s�av ��y,'N�'.< ' /,l j .'N " i�, �c Sycamore Goya Beach 50 yard..Sycamore Canyon Creek �A+ . A+ A+ W�U Rogers,Beach=at Santa Monica Canyon C C F Deer Creek,50 yards south of creek A A A+ Santa Monica Beach,projection of Montana Av. A+ A F %Ceunty,lme Beach 50 yards southf creek A A A xS2e Momca Beaeti pro)ectooTof Anzana Av Aa 11 F Staircase Beach A+ A+ A Santa Monica Municipal Pier,50 yards south C C F *Health Department only monitors during AB411(April through October) Santa Momca Beach atgPico/Kanter storm dramA A F and/or not enough wet weather samples to determine a wet weather grade. M° " Santa Monica Beach,projection of Strand St. A+ A F Ocean Park Beach 5D yards south of Ashland Av storm'dram AA r C ",. Venice Beach,projection of Brooks Av. A+ A F " . Vemce;:Beachprojontron o#Windward Av Venice Fishing Pier,50 yards south A A B Uemce Bea proje�ctronof T psad St, 0 C F R .. Marina del Rey,Mothers'Beach at playground A B F jv- Dods nratler State Beach�50 y rds south of 8all�ona Creek entrance Dockweiler State Beach,projection of Culver BI A A D Oockwe�ler State Beach south of DbWs)etty Y B 8 D r. Dockweiler State Beach,50 yards north of Imperial Hwy storm drain A A C f4 �.: Dockweiler State Beach opposrte Hypenon Treatment Plant a A� A F� Dockweiler State Beach,projection of Grand Av A A F (page 30) 2001/2002 BRC REPORT E 6 R • � • • • • M rp a yy ,profectibo of 4Oth St A+ long BeachkCrty Beach proProspectch,projection of 27th St. * D Long Beach City Beach,projection of Granada Av. C C Manhattan Baach Pler 50 yards�sauth' A + A A P Long 8eaeh City Beach projectoh of 54th PI A A� Hermosa Beach,projection of 26th St. A A F Long Beach City Beach,projection of 55th PI A A Hermosa Beach Pier 50 yartls south AA A Long Beach City Beach projectioh of 62ntl PI .. Herondo Street storm drain,50 yards north A C F Long Beach City Beach,projection of 72nd PI A+ A a R tl ndo Mumgp I Pler 0 arils south 8 B DAlamdoS Bay at 56th"PIp A+ A y F _.. ._ _. ,,,.., ,,,,.� ,,° _, NO, Redondo Beach,Topaz St.jetty A A F Alamitos Bay at 1 st St and Bayshore Av A A 1Redondo projectont, Avenue 1. A' A B dAlamrtos Bay shoreffloat � Beach : A+r„ A r Palos Verdes Estates at Malaga Cove,daily sampling A+ A+ A+ Los Cerritos Channel,Mothers'Beach A A am qry 9/ 'rC a3+ " : /� " ." „ Palos Verdes Estates at Malaga Cove'weekly sampling WA+ A+ C Alamtos Bay 2nd Si Bndge aad Bayshore Av Y A Palos Verdes(Bluff)Cove,Palos Verdes Estates A+ A+ A Colorado Lagoon,north F D Rancho Palos Verdes at f oig Point A+�z: A+ A+ Calorado'tagoon center ;A B ..;a._..m Rancho Palos Verdes at Abalone Cove Shoreline Park A A A+ Colorado Lagoon,south B C i v Rancho Palos Verdes at Portuguese Bend Cove *Health Department only monitors during AB411(April through October) and/or not enough wet weather samples to determine a wet weather grade. San Pedro at Royal Palms State Beach A A B ip San Pedro at Wilder Annez A+A yA+ B San Pedro-Cabrillo Beach,oceanside A A B Sao Pedro-Catinllo Beach,harborside at hfeguartl tower C F� San Pedro-Cabrillo Beach,harborside at boat launch A A B Avalon9Beach,between Tona qub and Busy Bee Restaurant Avalon Beach,2/3 distance btwn pier and Busy Bee Restaurant B Avalon Ileact l/3 between pier antl Busy Bee Restaurant D , d im Avalon Beach,2/3 distance between storm drain and pier C IN A4aloo Beach,11/3 distant betweenmstorm dram=and p D q" Long Beach City Beach,projection of 3rd PI A B IIIl I'l Long Beach City Beach protection of 5 h PI AB Long Beach City Beach,projection of loth PI A A Lang Beach City Beachp ojecton of 16thPl R Long Beach City Beach,projection of Molino Av. A B �Lorig Beach City Beach p�oject on,of Coronado I A A x '„, Long Beach City Beach,projection of 36th PI A B Belmont Pier west side r ?B 'B Belmont Pier,east side B B 2001/2002 BRC REPORT (page 31) �: Y v �-• Orange41 County ® 1� 1 I� I I� 1OrangeCounty (continued) 1 I 1� 1 w Se81%Beach;prajectron of 1st St y f A.,,, �C F, NewportrBay Yacht.Club Beach C B" F . Seal Beach,projection of 8th St A A F Newport Bay,Garnet Av Beach on Balboa Island A A F Seal Beach;Seal Beach Pier jdowocoastj Q+F Q+ Q+ Newport,Bay 5apphjre tiv Beach on 8alhoa Islapt JiMnd A A F _. _. �. ...� z µ,... Seal Beach,projection of 14th St A+ Q+ Q+ Newport Bay,Abalone Av Beach on Balboa Island B A F WPM Suifslde Beach piajectirui of Sea,Wya; A+ A A+ NewportrBay Park Av Beacb on Balboa Island B B G Sunset Beach,projection of Broadway A A A Newport Bay,Onyx Av Beach on Balboa Island B B F Bolsa ChicaState Beach,south of WarnerMR— NewportsBayYRuby Au Beach on Balboa IslandA+ Bolsa Chica State Beach,lifeguard building A A B Newport Bay,Grand Canal on Balboa Island C B D t, .•' N 7 R .' •;.:' 7"'/ Yk'% F Yam"•�R Nuntington'Clty Beaoh Seapomt Av blmm offs ry A A'! �AI, Nery port Ba z$t Beach D sF f Huntington City Beach,projection of 17th St A A B Newport Bay,38th St Beach B B F w - 2 HuntmgtonGity Beach;projection of Jacks Snack Bar ' B A BNewport+Bay 19th$t Beach �5 �0 F Huntington State Beach,project of Newland St B B B Newport Bay,15th St Beach B A C HuntmgtomState 8each;,prolecti6h of Magnoha,S Newport Bay 1Dth;St Beach ,� ,A C E —,, _ Huntington State Beach,projection of Brookhurst St B B D Newport Bay,Alvarado PI/Bay Isle Beach B B F . Santa Ana'River Mauth narih side ' T IN A A 't F Newport Bay N,St Beach A A D Newport Beach,projection of Orange St A A FgNewport Bay,Harbor Patrol Beach C C F Newport 8eachprofectron of 52nd%53rd St A A C Newport Bay Rucky,Pmrrt Beach A � "A A C Newport Beach,projection of 38th St A A C Corona del Mar Beach,200 yard south of breakwater A A A+ 'NewportBeacfi Newpo t Beac#I Pler�(upeoastj A A F Corona del Mar Beactr r.A A, A Newport Beach,projection of 15th/16th St A+ A D Corona del Mar,Little Corona Beach at Poppy Av A A F % Balboa Beach,upeaast\of Balboa Pler ow IA; A BOWL , Crystal Gove at Pelican Pmnt s$ .A+ A+ C Balboa Beach,the Wedge A A A Crystal Cove at Los Trancos Canyon A A A F 1Huntrngton Harbour Mothers Beach AA FA�� F, Crystal Covey _ 7 A A+,g D Huntington Harbour,Trinidad Ln Beach A A A Crystal Cove at Muddy Creek Beach A+ A+ B eHuntington Harbour Seagate Lagoon A , A A+ Crystal Cove at EUMorro Beach A A A N,. Huntington Harbour,Humboldt Or Beach B A A Emerald Bay,mid-cove A+ A+ A+ HonimgtomHathour Davenport Or Beach A+ rx A+ F gone Beach t rescelrt Bay Beach A+ q+ B Huntington Harbour,11th St Beach A C F Laguna Beach,Laguna Main Beach A+ A 0 Newport Bay,',,north New Dunes 0 F FAl Laguna 8each projection of Laguna Hotel _ A A D Newport Bay,east Newport Dunes D C F Laguna Beach,projection of Bluebird Canyon A+ A C ::Newport Bay:southsNewport Ounes ?:�, -- � B B F Laguna Beach Victoria Beach-at'Dumon'Id 6; � � A+' Q- A Newport Bay,west Newport Dunes A B F Laguna Beach,Blue Lagoon near Lagunita PI A A A NWl evupor BayBaysho a Beach u. �: A Ax F LagunaBeach Treasure}slantlrP,ier A+„ q+ ;.:. __..,......,,, ..r'�..�... .. ....:... '�`... _..:_�.u. ,a_.... ..,...:,.:,�.. �' ..c=ate' ..m....A,........_,_......«.. �,.__.m''._._.�. Newport Bay,Via Genoa Beach on Lido Isle A A F Laguna Beach,Treasure Island Sign A A A+ (page 32) 2001/2002 BRC REPORT Orange County • - • OrangeCounty 1, 1 I 1 1 1 1 1 1 1 1 1 1 1 I imam 1 me- SoiA Laguna,;narth Aliso Creek Beach A A A �DanaEPomt Harbor Baby Beach•:west end South Laguna,Aliso Creek Beach A A F Dana Point Harbor,Baby Beach,buoy line C F F South Laguna,,Ahso Greek Beach(beach entranced A+ y$ F Dane Pamt Harbor Baby Beach swim area= 2 B 0 F,„ ,.... ';ax' �Y z g�,»i�^s^.3,:..'2Y .. <' a a ,7 r .:xs-26 ...?.>: .Y, South Laguna,south Aliso Creek Beach A A D *Health Department only monitors during A13411 (April through October) ' x , and/or not enough wet weather samples to determine a wet weather grade. SouihsLaguna,Camel Pmnt at CameFPolnt'Dr A+ A ! A ... a South Laguna,Table Rock at Table Rock Dr A+ A+ A South lagunaflagdmi Lida Apartmenf t A A A '' South Laguna,Thousand Steps Beach at 9th Av A+ A+ A+ . , Three Arch Bay mid-cove v A+ A Ada + ' ... P k Monarch Beach,north A A F "Monarch Beach,south Salt Creek Beach A A C € _ , - Dena PomtTaoa Siraod•Beach ems. r Dana Point,Marine Institute Beach A+ A A+ Oaha Pmrrt Hafior Baby Beach east end F F F Dana Point Harbor,end of guest dock at West Basin A A C .. �� Da�aa Pomt Har6oryauth dock at West Basin B1zB, C Doheny State Beach,north beach,weekly sampling B C F Doheny State Beach north beac6daily samphng F„ �F F ,o n� Doheny State Beach,north of San Juan Creek D F F Dheny State Beach ai San Juan.Creek F j F F ...' � ... Doheny State Beach,south of San Juan Creek F F F ��l Doheny State Beach1D00 feet south:of SOCWA Doheny State Beach,2000 feet south of SOCWA D F F Doheny State Be�arch 3000 feet uth o SOG'WA i�� ' C ri D r F� Doheny State Beach,4000 feet south of SOCWA B D F aC pistrano Count`y'�Beach'5000 feet south of SOCWA ;- C C F Capistrano Beach,projection of Camino Estrella Beach Rd A B F 04 Capistrano Beach 35505'BeachRoad A B F Poche Beach F F C San ClemerietBeach narht beach at Avemda Pico A B F San Clemente Beach,lifeguard building,upcoast of pier A A D San Clamerrte State$each Avemda Calafia F,,�� A+ R '. - , San Clemente State Beach,Avenida De Las Palmeras A+ A F 2001/2002 BRC REPORT {page 33) San Diego County MINI San ODDfre;State£Beach at San Mateo�CreekU R r + ;A+ $elaaa`'Beach Seasca e'Surf:Beach Park<=' San Onofre State Beach,Old Man's F D * Del Mar City Beach at San Dieguito River q+ q+ It >,' R',,,�' v" "%,,;,, ..mot Gamp;Pendleton Camp dMar'" `'` t;,: A+, A+ *' Oel;Mar City$each;;Profectloti'o#15th St,~ MR A+" A+; - a.s, .. , ,.._...».«�,�.. ,..>. ,xxx,,...:,>.a"+d,:Yuw�, '.,: � �, `'`��`'`''''es:...>.��:,..,i:. .:i:��-'- �,•,•;,.. '',uk?,,.t'�,... 'ref"..._„� Oceanside Beach,Harbor Beach,projection of Harbor Or A+ A+ Del Mar City Beach,projection of 12th St q+ q+ ,x}< .....W ., gm..,x Oceanside Beach`at<SahtL Rey=River *' °»'' "',,- A,, A„ "'' ;:Torry'Pines State$each',ai Los Fenasquitas:Lagoom, A A *' > r u, Oceanside Beach,projection of Surfrider Wy A A La Jolla Shares,south side of Scripps Pier A A ' Oceanside Beach; "ro ection of PierFView;1N" %' ' .,6 ' p J y \- B La Jolla Sh es,lprojection of Aven tla=Qe-la'PI yas-A A `- Oceanside Beach,projection of Wisconsin St A+ A+ ' La Jolla Cove A A n„ �,,ac,,. �, `' OceansideBeach;projection of Tyson St-,,,,,. A r;A` *'`' 1.Jolla;South'Casa;Bekh A+ A+;. w,.,...., im <.. .:;;; „_�x.:;; su: ;..'�„>,,�>.,.,»x,.......,x»x.x ,, �:;•. Oceanside Beach,projection of Forester St A+ A+ ' La Jolla,Whispering Sands Beach A+ A ;�,' Ate'. <:. % �G` .':' r ,.,. Oceanside Beach,i500`feetnorth of.Goma.Alta'Creek . ` A— At`�;f%`' La 1n11a=Horseshoes _ A A' `- . Oceanside Beach,Buccaneer Beach at Loma Alta Creek A A ' La Jolla,Windansea Beach q+ q+ R z is Oceanside-Beach foechonof;Cassid St.- A+ A fl* Pacific.Beach,Poirrt,. »,< F-= F`;<t :"t,»� ,. P_.h x._,...,._...., Y Oceanside Beach,Saint Malo Beach A+ A+ Pacific Beach,Tourmaline Surf Park A+ q+ Oceanside BeachBuanaiViste°Lagoon E A: A `P;aic B hr Crystal Pier,.., Q+ A+ kp Carlsbad,projection of Carlsbad Village Or A+ A+ Pacific Beach,projection of Grand Av A+ A Carlsbad=Stefe 6eacti;projection of Tama�ackA'v"' q A =.-<A ;*° Mission Beach,proJecttan of Capistrano PI ``3' A,ft Carlsbad State Beach,warm water jetty,adjacent to power plan A A Mission Bay,Mariners Basin at Balboa Ct A+ q+ -;Jr jx u- SouttCarlsbad:State'Beach ro ectiori;of:Cefeza€Df- A+..: A+ Mission Ba ?Bonita Cove north cove ti C C South Carlsbad State Beach,projection of Palomar Airport Rd A+ q+ q+ Mission Bay,Bahia Point,north side C C ' ,..:..... South Carlsbad State Beach att ncina Creek q+,;` q+ q+ 1Mission Bay;Bahia:Poiiit swim?area E, South Carlsbad State Beach,projection of Ponto Drive A+ A+ A+ Mission Bay,Santa Barbara Cove C C ' f �Y , South Carlsbad State Beach, ro ectlnn,of•Pomsema Lane A+ AAA" " ;''A±, Mlsslon S nta'Ba�tiara,Cove swim,area;; ",3-:_<' 'p+,K ,.rq+ E,x. :;,,.,., South Carlsbad State Beach at Batiquitos Lagoon A+ A+ ' Mission Bay,San Juan Cove,west of boat launch q+ q+ Leucadia;projection bf'Graadgiew St ; :r-:, 'At.;; A+ . * Mis"sjen BaygSanta:Clara Cove;. F Asa- A ti 1 5.. ,,,, .¢. .vlu>.>..vxi.W w Encinitas,Moonlight Beach at Cottonwood Creek outlet D D ' Mission Bay,Fanuel Street Park B B ' m 6' Encmrtas;Swemi's:Beach ,: r=' A, Mission Bay;;t a€gmma Dr.at;Ri4iera Shores C' :< C` .<' , Encinitas,San Elijo State Park,proj.Liverpool Dr. A A A Mission Bay,La Cima Beach A A Cardiff State Beacli;;Sao Elijo Lagoon;., A." -,B" ; y B f S,Miisibn Bay,Crown;PomtSheies, "A A W, y Cardiff State Beach,Charthouse parking lot A A A+ Mission Bay,Crown Point Shores,watercraft area A A ' .. ;: ,, £.. .. ,e . iCard'rff State Beach aUa-0las>.> �"'�`x ��r,=..:.;" "' {!�' A�° ` tl `r � g Mission°Bay,NorthernWildlife Refuge : Cardiff State Beach,Seaside State Park A+ A+ A+ Mission Bay,swim area adjacent to Northern Wildlife Refuge A A ' '"Solaria,Beacti,Tlde Beach:P,ark, ro ection,of'Solana Vista f)%'=< `A° A A+.;zF Mission Ba;Cam land on the Ba , Solana Beach,Fletcher Cove,projection of Lomas Santa Fe Dr. A+ A+ F Mission Bay,DeAnza Cove,swim area q+ q+ (page 341 2001/2002 BRC REPORT * o 0 0 San Diego County (continued) 1 AM I I San Diego County (continued) 'I%fflm .t�,'., Mission,Ba -'DeAnza`Gove ioid cove *'> Im eral'Bo"ection;of Pm>Av� +.` each r al : ::p+,: -•` Mission Bay,Visitor's Center,projection of Clairemont Dr. D F Imperial Beach Pier,north side A A .. err-. ..: �.,_ r , Mission Ba,€swim=area,at-Visitors Center e ct n o,Ga ei'Av. ;�,, =WaMlA '' A+°' A' Imperial Beachprofe io f" rt f' , ' Mission Bay,Leisure Lagoon A A * Imperial Beach,south end A A F Missmn'13ay swimarea'at'Leisure Lagoon ;:_,',,,' A+ mA±; ``* Tijuana Slou"h:NWR at-3%4;,triile,north>of�T uana Rver ,,r A;a; `'A'' '"SF.,x,== a�,. 9 Mission Bay,Pacific Passage C B * Tijuana Slough NWR at Tijuana River C B F MissiomBa"aTe'colote Shores<>'' Border"Field State Park,`rojection.o{Monument Rd ° Mission Bay,Tecolote Creek outlet F F Border Field State Park,north side of border fence C C F '01-0 Mission Bay,:Ferei fA+ A+ ''' *Health Department only monitors during AB411(April through October) 3 S and/or not enough wet weather samples to determine a zoet weather grade. aF,,.. w.w- x a`.,,. µ ..,, Mission Bay,Quivera Basin at Lifeguard station A+ A+ Nfission.Bay.Fiesta,Islaml,Bridge'(south side) :t-'A'y 71 Mission Bay,Hidden Anchorage F F W;.. aMission.BeyyacatiomfsleatSouthCove'" y p`+->Ir"sp+yx `- Ocean Beach at San Diego River F D Y u �A+ Ocean Beach,projection of Bermuda Av A+ A+ Sunset Chffs�NorthEGarbage Reef s�p ��'" Ate;? A >W `�* Sunset Cliffs,Newbreak Beach A+ A+ :Point',L`oma Treatment Plant.' AQ Point Loma Lighthouse A+ A+ San Oje o Ba north'of:Kello �St � 'B B ,"`"* San Diego Bay,Shelter Island,projection of Bessemer St. A A San Diego Bay Shelter island at 5horelme Park Beacfi San Diego Bay,Spanish Landing Park beach B B ,San Diego Bag Bayside Park°=; �.i- '` y�^C vie'Dom;, �iFr San Diego Bay,Silver Strand,cove north of Crown Isle A+ A+ f•San'Diego Bay,Glorietfa Bayo,ark=at boat iaurich A y A",: San Diego Bay,Tidelands Park,projection of Mullinix Dr. C C mr Coronado Municipal Beac61%lorth Beach g -�wn Coronado Municipal Beach,NASNI Beach * A+ Coronado`Monicipal�Biiacl';pro}%ction,of Loma Av: = A.,,;;''' �, Coronado Municipal Beach,projection of Avenida del Sol A A B Coronado Municipal Beaeh Silver Strand Imperial Beach,north end B B D 2001/2002 BRC REPORT (page 35} it The Beach Report Card program is funded by a grant from the cz- Heal the Bay Heal the By, REACH REPORT CARD_ 3220 Nebraska Avenue ■ Santa Monica,CA 90404 www.healthebay.org ■ info@healthebay.org ■ 800 HEAL BAY (92002 Heal the Bay.All rights reserved. E)Printed on recycled paper. (c) No person shall d' urge any vessel and it shall be unlaw for any liquid or solid - material to be dischar,ed .,)rn or through a vessel's marine sanitaL.,n device or marine holding tank into the waters of the Harbor in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to this section. Violation of this section shall be a strict� liability offense, punishable as a misdemeanor. L� LY, (d) Notwithstanding the provisions of subjections (a) through (c) of this section, no violation of this section shall occur where a vessel mechanic licensed to do business in the Harbor complies with the following requirements: (1) notifies the Harbor Master the vessel name, its location and the type of repair requested prior to commencing repairs; (2) notifies the Harbor Maste- Lti,t the holding tank of the vessel on which he intends to conduct repairs has been pumpeu out, or provides an explanation of why the tank cannot be pumped out prior to commencing repair work; (3) notifies the Harbor Master prior to conducting a test flush, at which time a Harbor Deputy shall be sent to the vessel to observe the flush, or if a Harbor Deputy is not available within a reasonable time, the Harbor Department may authorize the mechanic to proceed with the flush as agent for the Harbor Department; and (4) notifies the Harbor Department when all repairs have been completed and the mechanic or vessel owner or other person in charge is present at the vessel while new dye tablets are placed in the head(s) and a test flush is conducted. A discharge which occurs during such repair or tests conducted to confirm the successful completion of the repair shall not result in liability or penalty to the mechanic or vessel owner or other person in charge, provided there is compliance with the foregoing requirements. 13.44.110 Cleaning Vessels. No person shall clean a vessel, including scraping its hull, ��.J without installing a boom underneath it. All liquids and solids collected in the boom shall be disposed in trash receptacles. Operators of all marinas in the Harbor shall prominently display this regulation on signage at the entrances to the docks. __ 13.44.120 Drift Materials: Care and Sale. All vessels, portions there-of, timber, or other articles found adrift, sunken, abandoned, or a hazard to navigation, within the waters of the Harbor, and not in the lawful possession or control of some person, shall be immediately . delivered to the Harbor Master in whose custody they shall remain until claimed by the proper owner. Such ov.ner shall pay all expenses incurred by the Harbor Master in connection therewith, including a charge for keeping and storing same. If such vessels, timbers, or other articles are not claimed within sixty(60) days, and the charges are not paid for therefor as provided in this section, the Harbor Master may sell such property by giving at least ten(10) days' previous notice of such sale by one (1) insertion in a newspaper printed and published by the City. Such notice shall describe the property briefly and give the place,hour, and day of the proposed sale. 13.44.100 Cleaning Vessels. 1} (a) No person shall clean a vessel, including scraping its hull, without installing a boom underneath it. All solids collected in the boom shall be disposed in trash receptacles. (b) The Harbor Master is hereby authorized to adopt the regulations on the use of cleaning 1�21I detergents and solvents in order to prevent the discharge of pollutants into the waters of the Xor. I GALEGISDRAchI3.44.DOC C25�) V l� A MA DE A PART OF THE READ AT 0XXJNC1L MEETING OF OZ- OFRCE OF THE CITY Cl� GALEGISDRRch 13.44.DOC CONNIE BROWNAY,CITY 23 td c9 IL HUNTINGTON RARROUR PIER HEAD LINE ENFORCEMENT %W is recommmWing that Option I he pursued with the foltowing condwons:. 1. Fees be charged to boatowners, not�r#r owners. 2. Fees charged to boat owners include costs to do code entorcement along with pier head enforcement and dredging of warrways on a five year schedule (last dredging was done in 1909). & Enforcement must be done from the water and will rewire new patrol boats and additional labor. LnNt A city cannot process 1500 to 2000 pier head eacroschment permits all at once, therefore, a grandfathering N sch�wiuis to be developed N m m N m m r Of I iJ (7 <C lL HUNTINGTON HARBOUR PIES DEAD LINE ENEQ EMENT Projected Costs: EstimaW Annual Cost for Enforcement = $3009000 Estimated Annual Cost for Permit Processing = $2000000 f Wia� Annual Cost for Dredging Fund = 40 000 Sbanatled Total Annual Cast $1 ,0009000 n ProjwAod Fee Revenue. 1500 Bests $120.00 Per Boat I Per month = $2,160,000 Yr. ti (Asau OR boaft that are-i**W will- get permits, some owners t *Wet to *W or awe their boats. If only 50% of boats that we INOO set p+s trs, incmrM would be $1,080,000 per year) cl 8 m FgGz _o r 14. 54051 The City of Hunti'lligton Beach Fee schedule for Pierhead Permit Encroachment over Pierhead Cast r L.F. Monthl Cost Yearly Coat 0 feet to Oae foot over S1.08 LF. S 60.00 S 720.00 One foot to Two feet over $150 L F. S 90.08 S 1 80.00 "Threet to Four felt 32AC L F. S 150.00 S 1 A00.00 Four fast to Ftve feet S3.Q0 I,.R. S 210.00 S 2,520.00 Monthly and Yearly Coats,are based on standard aiie 60 foot wide lot The last harbor study put the approximate count of boats extending over the Pierhead line, at around 1;500 boats. Tb=fbm,the projected Monthly and Yearly immne on this chart; has been calculated with the average boat being at moored at Two to Three foot over the Pierhead fine. At$ 120.00 per boat,X 1500 boats =$ 180,000 a month X 12 months=S 2,160,000 a Year v u EL HUNTINGTON HARBOUR Fit. r•�r AR LINE ENFORCEMENT .�.�wr.�.w ■rim i rr.r.�. Estimated Tirneiine. . . . . . . . . . Staff as s it will take three months to prepare everyWnq neWed for Council to make a decisoon on weer to proceed. It will then take another three its to purchase equipment, hire staff and ipint the program. The goal would be to have enforcement in place by summer 2002, n, in n v m v - r N _ N m m 10 m Amok (9) October 7, 2002 -Council/Agency Agenda - Page 9 E-11. (City Council) Approve City Council Position on Legislation Pending Before the State Legislature and/or Congress as Recommended by the City Council ,. Intergovernmental Relations Committee ( )—The City Council Intergovernmental Relations Committee has reviewed the legislatio!�, and/or propositions below and is recommending that the City Council take a positiLn (in the following items: Motion to: Endorse the following letters sent to the Governor: Veto AB 2292 (Dutra)— Authorizing lawsuits to be filed against a city if they approve downzoning of residential property in a community without concurrently upzoning another parcel in the community. Veto SB 1629 (Soto) —Setting the framework for distribution of federal funds for training paramedics to local governments through a third party organization. Veto AB 1243 (Wiggins)—Which could prohibit payroll deductions by employees of public agencies for voluntary contributions such as those to banks, credit unions and deferred compensation programs. Sian SB 1523 (Byron) —Which would establish an advance disposal fee for cathode ray devices (CRT)which would be used to fund programs designed to encourage recycling of waste. Support: California Proposition 50 —Water Quality, ^— Supply & Safe Drinking Water Projects. Coastal Wetlands Purchase and f Protections. Bond Initiative—Which will allow the State to sell $3.44 billion in general obligation bonds for various water-related programs with more than half of the funds to be allocated to coastal protection and the CALFED Bay Delta Program. Submitted by �i Councilmember Shirley Dettloff, Chair Person Intergovernmental Relations Committee for Mayor Debbie Cook and Councilmember Ralph Bauer. Funding Source: None Required. E-12. (City Council) Adopt Resolution No. 2002-94 Regarding Non-Technical Adjustments to Comprehensive Fee Study Amending Resolution 2002-85 (which was Approved at the 9/3/02 Council Meeting) ( . )—Adopt Resolution No. 2002-94— "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2002-85, Relating to the City's Comprehensive Fee Schedule (Supplemental Fee Resolution No. 91)." Submitted by the Administrative Services Director. Funding Source: Not Applicable. E-13. ity Council rove Hiring of Consultant to Develop a Huntin-gton Harbour lean Water and Safe Navigation Boat Fee (for Code Enforcement and Dredging Costs) Authorize the expenditure of$25,000 from General Fund Attorney Fees Professional Services Account#10015301.69375 or the purpose of contracting with a consult ant_t_o assist the city ink-de Iopment.of a fee f�_oats in ton Harbour to address code enforcement en re gang co s.�ubrr'nttect-tsV:he City Attorne. Funding Source: $25,000 from General Fund Attorney Fees Professional Services Account to be reimbursed with adoption fee. E-14. (City Council) Adopt Resolution No. 2002-95 Amending Resolution No. 2002-86 (which was Approved at the 9/16102 Council Meeting)to Modify Salary and Benefits for the City Attorney ( . )—Adopt Resolution No. 2002-95— "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2002-86 Related to Benefits and Salary for the City Attorney." Submitted by the City Administrator. Funding Source: Funding for the appointment is included in the FY 02-03 budget. f , ,. d i � ' � CITY C ' Ht.JN TINGTON ;EACH 01D 2000 MAIN STREET CALIFORNIA 92648 January 23, 2002 COMMUNITY SERVICES DEPARTMENT Mr. Allen McGee (714)536-5436 3641 Rebel Circle Huntington Beach CA 92649 Dear Mr, McGee: Re: Your letter of January 11, 2002 to the City Attorney I am responding to your recent letter to the City Attorney, Gail Hutton, regarding pierhead line issues in Huntington Harbour. While city staff agrees that over the past twenty years, pierhead line issues have been commonly resolved by voluntary compliance, it appears that now and in the future, the city will have to take a more active role. Basically, the city can either turn over the entire harbor to the Army Corps of Engineers (ACE) and lose control, or it must enforce its adopted ordinances. The city is in the process of studying this issue along with other related matters in the harbor that include code enforcement of illegal docks, derelict vessels, illegal live aboards, faulty holding tanks, and illegal discharge of refuge. One of staff's major concerns is dredging in the harbor. The city has had no funds for dredging since 1989. Last year, in cooperation with the ACE, the city completed a study of all of the channels in the harbor. It was discovered that there are currently four areas that are unnavigable at mean high tide and, in three to five years, there will be ten channels in the harbor in that condition. This will have a tremendous impact on property values in Huntington Harbour as well as on pleasure boating. These issues, combined with the publicity that the city and, in particular, Huntington Harbour has received with regard to water uq ality, has obligated the city to look into what needs to be done. Over the next six months or so, city staff will be working with various homeowners associations, commercial interests, marina and yacht clubs, other government agencies, etc. to get a clearer picture of the extent of all of the abovementioned issues and to come up with recommendations on addressing same. Our problem is that once the city ha's been put on notice, it can't ignore,the issues because the city becomes liable: As you note, every neighborhood has a barking dog and we have to respond to those types of complaints when put on notice. I have added your name to the list of concerned citizens so that when information on the harbor is generated and mailed, you will receive it. Thank you for your letter and belief that there are no unreasonable problems and no reason to add another layer of government to resolve them. Sincere) , RON HAGAN P( C Director I C'nmmiinity gPryir-PC ALLEN L. McGEE October 9, 2002 Community Services Department City of Huntington Beach 2000 Main Street Huntington Beach, CA 926%:8 Attn: Ron Hagan, Director Re: Your Letter Dated January 23, 2002 Dear Mr. Hagan, I don't appreciate you not living up to your word and not notifying me of the City Council meeting regarding pending harbor issues as you said you would in your letter dated January 23, 2002. You can bet I will be at the next City Council meeting along with many of my friends who have concerns over the sneaky way this entire matter is being handled. I certainly appreciate the city's plight of not having the funds to dredge the harbor as required. However, as you must be aware, the vast majority of the silting and pollution of our harbor comes from the outfalls of the flood control channels and recently from sewage spills and not from the boating public. Don't you feel these issues are a little more pressing than a couple of feet of boat sticking out past an arbitrary line which has caused few if any navigation problems in the past? It would appear that the city is looking for a relatively few boaters to dump this load on. Let's face it, few boats exceed the limits currently allowed. In my and most of my friends opinion, these boats cause no significant navigation or safety problems and are not justification for levying fines or assessments. We all benefit from the harbor and everyone who contributes to its pollution should in m„y opinion bear the burden of cleaning it up. I hope you will take into consideration other options for raising the funds necessary to make the harbor navigable and not institute an additional team of police which in a very few years would cost as much as the dredging. Our current harbor patrol does an excellent job. I urge the staff and City Council members to keep open minds until all the options are explored. Sincerely, Allen L. McGee 3641 Rebel Circle Huntington Beach, CA 92649 cc: City Council Jim Hinbh, Orange County Register POST OFFICE BOX 599 • BALDWIN PARK, CALIFORNIA 91706 P PHONE (626) 337-1818 FAX (626) 962-5581 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 October 17, 2002 COMMUNITY SERVICES DEPARTMENT (714) 536-5486 ti C�r`Ua� Re: Proposal for Addressing Pier Head Line Enforcement, Dredging, and Code Enforcement in Huntington Harbour A draft proposal for addressing pier head line enforcement, dredging, and code en- forcement in Huntington Harbour is being considered. The City of Huntington Beach will be hosting a public meeting to discuss this draft report on Wednesday October 23, 2002, at at the Huntington Harbour Yacht Club, 3821 Warner Avenue, Huntington Beach. The city is considering adopting an ordinance, which would establish a fee for all boats and/or vessels using Huntington Harbour. The ordinance would also call for e city to enforce t e pier head line and other code violations in the harbor by es- tablishing a marine patrol with citing authority. The fees would establish a fund to enable the city to provide an annual dredging program to maintain all harbor chan- nels at a minimum eight-foot depth during mean high tide. The city is attempting to respond to increasing complaints regarding code viola- tions, pier head line violations, and silt buildup in city channels in the harbor. We invite you to attend the October 23, 2002 meeting at the Huntington Harbour Yacht Club where the city will take input from the public regarding the proposal. If you are unable to attend the meeting, you may send your comments to my office at 2000 Main Street, Huntington Beach, CA 92648, or e-mail to rhagan@surfcity- hb.ora. We look forward to your input and assistance in finding a solution to ad- dress the code enforcement, pier head line enforcement, and dredging issues in Huntington Harbour. Since , 001N HAG N Special Projects Manager RH:cr cc: City Council; Department Heads A Qua/rn- Life Through L-ducadon. Recreation and Culture RECEIVED FROM /y0 F- AND MADE A PART OF THE RSCORD AWff CCIJNCIL MEETING C)F �.2. OFFICE OF TFtE I'.. OEM CONNIE BROCKWAI(,afYOLERK Huntington Beach City Council Meeting. November 6, 2002 ITEM$ Addressing: Drafting Municipal Code Amendments to the Huntington Harbour and Boating Regulations Including Live Aboards). Clement Aime 16196 Bimini Lane ''''` Huntington Beach, Cyr Phone: (714)846-7721, email: edsaime@aol.com zte Good evening. My'name is Clement Aime. My wife and I moved to Huntington Harbour,'10 years.ago,because we are avid boaters and enjoy fishing. We love the life style of the Harbour. As residents we want to keep Huntington Harbour clean, safe and operational. No Harbour resident wants to have polluted water,unsafe waterways, or channels that are impassable. But, I take exception with the proposed ordinance and the funding of a study for the possibility of implementing a fee schedule. Not only because the proposed ordinance is poorly written, with many sections ill defined, such as live-aboards; with some sections unenforceable, such as having dye tablets placed into the holding tank of every vessel entering the Harbour; and a restriction on cleaning boat bottoms that is probably impossible to implement. The main reason I take exception to the process which has brought us to where we are today, is because the city, in its rush to find a new way to tax residents, has purposely ignored their greatest and most cost effective resource in solving these problems. The residents of Huntington Harbour. We are the people most knowledgeable about the current conditions in the Harbour, and will be most impacted by the future of the Harbour. We will be impacted by direct cost of any fees imposed, and by the quality of our lives and property values, if the Harbour becomes unusable due to pollution or silting. A year ago we were told that we would be consulted and allowed to participate in the process. So far we have been involved in one meeting at Huntington Harbour Yacht Club, on October 23ra, where we saw the first draft of the proposed ordinance. For that meeting we were given about 3 days notice. The letter, sent to very few Harbour Residents, was dated October 17t". Most did not receive the notice, by copy or word of mouth, until Monday, October 21. Still, Manager of Special Projects, Ron Hagen estimated that more than 150 residents were at the meeting. As you can see by the attendance at this meeting, the interest of Harbour residents on this subject is high. � , Z I ask the City Council to halt any further consideration of f e proposed ordinance, and any further expenditure-of-our tax dollars on development of it fee stdule. I ask that a Harbour Connsission, of interested Harbour Resial a apo* ed to work together with City Staff to define the REAL PROBLEMS, i&*ify the REAL CAUSES, and propose a WORKABLE AND COST EFFECTIVt SOLUTION. Thank you. . 1�1'," r+'..l �..•`;� ':4��'l'. i.. 1'.4' obi.. 7."•.' , :'91:L.7'', ;,I,:'��.�,�j: %, '}✓� .,,,I:iSll�f;N16 iw,.Y• , .f:.i�A' ,•i�;L• i t::�.�:I.I,, .;,,,,::;. . • '::Comparison of some fees for boats! �:: ; S''`�'"K r�l1S,''+:' 1 ' ' Harbour in .1��;.h11.:7: '' '1•:• 1 lid r.� ,a•. .l.G'�,..�a:i`tir1 't`ti Y�', 1•i,.;,• r„'•, .ire' tj<� }•• Total bouts , ` ...(l.._,.:;, ;Y . ..,1'.;,•4.,. Marlon slip root dock fee-owned' County/city: i�'i Code n�;.s;; uproar over „,,... ! harbor budget, � enforcement ; Point'::'< 2,500 $213 to $988 No resident- $12 m(Ilion'per..,;!County;roff(cials; per month owned docks year(county) "' harbors atrol' ^I upkeep fees - S - Nowport Beach 9,000 $16 to $33 per .$85 per year $5.6 mililon:per•,'.•;Clty'offplals, By JIM HINCH i °` foot of boat year. $4'mlllion ' •county The Orange County Register I. length per month federal grant ''': harbor'patrol' every four'years` HUNTINGTON BEACH _ -''. . :., ,.. -:.;• .' for dredging ?t' •i `• ' ' It's come to this in the land of I t` Huntington ; :4,800 $11.50 to None ' water, s Harbour',:ir�, ;;:;''i°' $14.50 per ne `•, ^;•:,9ei.r4l�i ;.::1:.:•'�„ i yachts and castles: dirty , l; battles over big boats' a harbor ;.: L,'. ;:,; ,:.,tl?^,,.;: ::r`'+:l.:• foot per month 15+•1 r: 1 !'�1n ;f, ;�f ^ silting up and residents shouting a:Y` •Long;Beach $8 to $12 per , ,Clt �! down a cityofficial with tans to .{ p $10 per..., $16 ml oni 1 1, r y t(clais,r,.;` ,# P �. toot per month foot per month 0 per r•1; hart! �i fix it all. patrol• i. r Huntington. Harbour, a i �...,,.,. ._•- "' .I 40-year-old enclave of seven I , - —=-, -- - —'-- man-made.islands, marinas and million-dollar waterfront �} ? homes,is in turmoil.After years 1 of essentially letting the area' I run itself,city officials are'plan � �, ring to charge boat owners and T i residents a fee to pay for`clean- up,.maintenance and enforce- went of laws that have been ig- nored for decades. .Residents.are fighting the,city,';; and•.-each'other over' the. new regulafio)is, leaving, death y HARBOUR • PAGE 4410T 1tv . ' HOT MV CPO WT,_dd�a QL t{ I` l RECEIVED RSA y AND MADE A PART OF THE PC-COW AT TPE COUNCL AEETWG OF OFFICE OF THE CITY CLERK CONNE BROCKWAY,CITY CLERK ITEM ~� l riT SPECIAL USE AREA""""**"" a ,(b)(2) Use of surfboards,paddleboards,sailboards,or any device propelled by paddies prohibited from 5-15 to 9-15 between 0900 and 1800 hours weekends and holidays ?-2-204(c)(1) No swimming or wading ?-2-204(cx2) No commercial use without permit '.-2-204(c)(3) No launchingof motorized watercraft 4NAHEIM BAY/NWS SPECIAL USE AREA ?-2-203(b)(1) Traffic use established route (2) No 'et ski,kayak,canoe,rowboat,sailboard,etc > (3) Speed limit-5m h (4) No anchoring,drifting,loitering (5) No smoking,open flames,BBQ M . Obey siq rns/orders from security (9) No sailing(inner harbor) �� HBMC HARBOR 5.08.010 Business license required 13.36.010 Illegal towing reeboardi22* 13.36.020 Speeding/excessive wake argE L " s 13.36.030 Illegal boat launching/hauling 13.36.040 Damage public property 13.36-100 Moor vessel beyond hoot permission Line 13.36100 Tie to public dock without ermission014TY 13.36.110 Boarding without permission TO co 13.36.120 Vessel tampering 13.36.130 Tie up method-both bow and stern 13.36.140 No direct fueling 13.36.150 Live-aboard prohibited(72 hours) 13.36.170 T i -permission required 'S 14 Pt 13.40.010 No vessel in swim area 13.40.020 Marked swimming area 13.40.030 No diving/jumping from public ro 13.44.010 Deposit refuse into harbor ftT Or-. It ARM 13.44.020 Discharge of toilets 13.44.030 Discharge of flammable materials OTHER CODES CPC 148.9 False identification to avoid court process 192-5 Manslaughter-vessel operation (M/F) 219.2 Throw object at commercial vessel 372 Maintain public nuisance i 374 Littering-land or water 374.7 Littering-body of water or shore 499b Joyriding 537(a) Defrauding of services 537e Possess item with removed/altered ID number 555 Enter or remain in posted property without consent 602(o Occupy real property or structure 647(h) Prowling HAS 11350(a) Possess opiates/cocaine/mescaline/peyote (F) 11364 Possess paraphernalia for injecting or smoking a controlled substance 11377(a) Possess hallucinogen/stimulant/depressant (F) 117515 Dumping of human excreta in navigable waters G:^ 25658(a) Steles of alcohol to minor -- ' 25662(a) Minor in possession of alcohol •evised 9/00)" Fikes, Cathy From: Koskoff, Jon [Jon.Koskoff@impaccompanies.com] Sent: Monday, November 04, 2002 2:37 PM To: cafikes@surfcity-hb.org CITY OF NUNTlNiATC�L BEACH, CA Subject: 11/6 Wednesday Council Meeting 2002 NOV -5 P 12: 5 h To: Huntington Beach City Council Members Regarding Huntington Harbor boat and slip fees You have just been granted an opportunity to deal with two important issues: 1. Many people in our city believe the current HB City council is dominated by people who live on the west side of town, and that as such, you won't make decisions in the best interest of the entire city. (It is soon going to be on the ballot) . 2. Based on today's article in the Orange County Register, the boat and slip fees being charged in Huntington Harbor are substantially below market pricing. Our City is in dire need of more funding sources. The beach and the harbor are two key sources of income. The entire city is going to be watching your actions and decisions at Wednesday's Council meeting to see if you possess the personal integrity needed to do what is right, and increase fees in the harbor to not only fix and maintain the harbor, but O also have additional funds to pay for other city financial needs. As just one example, you just spent millions of dollars to build a gigantic sports complex on the West side that we are all going to pay for, even if we all don't use it. You can now pay for building and maintaining it with the added income from Huntington Harbour fees ! Jon Koskoff 20831 Hunter Lane Huntington Beach, CA 92646 (714) 514-3230 1 Kuhnke, Elaine C�17. i`t' C L.I K From: Kuhnke, Elaine C1T Y f)F Sent: Tuesday, November 05, 2002 8:24 AMf IMTI i T(�[i £ i�C r> CN To: 'sheila shea' Subject: RE: Nov. 6th ordinance vote 2061 140V _ P 12: 51, We have received your comments and will forward to the City Council . -----Original Message----- From: sheila shea [mailto:ssshea0l@hotmail .com] Sent: Monday, November 04, 2002 8:03 PM To: ekuhnke@surfcity-hb.org Subject: Nov. 6th ordinance vote As a homeowner in Huntington Beach for the past 25 years and a homeowner in Huntington Harbor for the past 16 years I have deep concerns about the process that has taken place that has led to a vote you are to undertake on Nov. 6. As elected officials of the city it is your responsibility and duty to hear and consider the opinions of ALL the residents of your city. If there are some vocal citizens who have a loud voice and an unknown agenda that you cannot ignore it is incumbent on you to hear the other side. Unfortunately on this issue that has not been done. It is understanding that an elected body will attempt to find any new means of funding projects that is their responsibility address. The way this process has proceeded however is not the way elected officials should proceed on an issue that effects so many. The possibility of new taxes for a select group of the population should involve their input. A meeting without public notice at a yacht club in the middle of the first world series in Orange County history in 42 years does not exactly constitute an open forum for all concerned citizens. The fact that 150 people showed up is a testament to word of mouth and a deep concern from those present. To proceed at this time without further input from concerned citizens would show a callous disregard for the very people you profess to serve. I urge you to postpone any further action on this important issue until ALL the people can be heard. the citizens on Huntington Harbor are following this issue closely and will respond to your actions. Sincerely, Stephen R. Shea Unlimited Internet access -- and 2 months free! Try MSN. http://resourcecenter.msn.com/access/plans/2monthsfree.asp LA � CGS 1 � Page 1 of 1 Kuhnke, Elaine I ILI ;�s i' E R K From: Kuhnke, Elaine _ Cl ?f Y �' UN I Ga I BEACH, Cry Sent: Tuesday, November 05, 2002 8:24 AM To: 'Gregory Lee' 200Z «�� - P 12: 5�' Subject: RE: We have received your comments and will forward to the City Council. -----Original Message----- From: Gregory Lee [mailto:power.boater@verizon.net] Sent: Monday, November 04, 2002 9:27 PM To: Leonard Lady; ekuhnke@surfcity-hb.org Subject: Re: ----- Original Message ----- From: Leonard Lady_ To: power.boater@verizon .net Sent: Monday, November 04, 2002 12:55 PM Please see to it that the City Council gets this e-mail to accept as you have on your information sheetl can't seem to get this e-mail to them DEAR CITY COUNCIL: I WANT TO SERIOUSLY OBJECT TO YOUR ATTEMPTING TO CHARGE US FINES ON OUR HARBOR REGARDING THE "PIER HEAD LINE" WHY SHOULD WE PAY FOR THE NEGLIGENCE OF OTHERS UPSTREAM FOR THEIR DUMPING DEBREE AND WASHING DOWN THEIR PROPERTY WHICH ENDS UP IN OUR HARBOR. I HAVE SEEN MATTRESSES , DEAD ANIMALS AND OTHER THINGS WHICH I DON'T I THINK I SHOULD MENTION. ALSO EVERY TIME IT RAINS WE GET THE RUNOFF IN THE HARBOR. IT'S NOT OUR RUNOFF!!! PROPERTY VALUES WILL GO DOWN IF THIS IS PASSED, WHICH WILL IN TURN DEPLETE YOUR SHARE OF THEM. WE ARE NOT ALL THAT WEALTHY RESIDENTS BECAUSE ALOT OF US CAME TO THE HARBOR MANY YEARS AGO WHEN THINGS WEREN'T AS EXPENSIVE. FRANKLY I COULD NOT SELL MY HOUSE AND DOWN SIZE BECAUSE OF THE INCOME TAX STRUCTURE AND THEIR EXCLUSIONS. I WOULD ACTUALLY LOOSE MONEY IN A SMALLER HOUSE IN THE AREA. CORDIALLY, LEONARD LADY 11/5/2002 Page 1 of 1 Kuhnke, Elaine 1 7 V 1 ' mirk( From: Kuhnke, Elaine C'(l Y CAE HUNTING ON BEACH, CA Sent: Tuesday, November 05, 2002 8:23 AM 20�Z NOV Karl Wolfslau' 12: 5 k Subject: RE: Unfair Huntington Harbor Boat Tax Proposal We have received your comments and will forward them to the City Council. Thank you. -----Original Message----- From: Karl Wolfslau [mailto:kwolfslau@socal.rr.com] Sent: Monday, November 04, 2002 11:16 PM To: ekuhnke@surfcity-hb.org Subject: Unfair Huntington Harbor Boat Tax Proposal I have been informed that the city is trying to enact a proposal to tax homeowners/boat owners in Huntington harbor. This seems entirely unfair. It is my understanding that you are trying to cover the cost of dredging the silt, SILT WHICH COMES FROM OTHER CITIES I ! ! ! And now you are trying to regulate what time people can be on the boat, paying extra after sunset and prior to sunrise, THIS IS OUT OF CONTROL ! ! ! These efforts will drive down the property values for hard working homeowners. I urge you to say no to this proposal. The property owners already pay MORE THAN THEIR FAIR SHARE OF TAXES IN THIS CIT and taxing people based on this proposal is unfair and will result in the harbor being a less desirable place to live. I urge you to resist this unfair tax and vote no to this proposal. Sincerely, Karl Wolfslau 16602 Tiburon Place Huntington Beach, CA 92649 (A J 11/5/2002 Page 1 of 1 Kuhnke Elaine CII- f CLERK ' CI1Y OF From: wrwclu [wrwclu@msn.com] HUNTII`.G1CH BLACH, Sent: Monday, November 04, 2002 9:27 AM 20OZ NOV —S P i2: 5 b To: Jhinch@ocregister.com Cc: Alexander Halperin; Bob Hetzler; Bob Mandic; DBrackmann@ashwillre.com; Jim Walton;john thompson; John Ulrich; Ken Lester; Marky Paugh; Mike Raemer; Mike Thomas; Nat Pendleton; Norm Huniu; Norman Huniu; Preston King; Punky Langston; Ron Moss Jim I am responding to your Huntington Harbour article in today's Register. I checked with a friend in Long Beach who owns a private slip at his home. He tells me that he pays nothing other than maintenance and amortization fees to his homeowners association. Are there different fee structures In different parts of Long Beach? There is a lot more to this story, if you are interested. Have you read the proposed amendments to the Huntington Harbour Regulations? They were obviously drafted by someone with little or no knowledge of boats, boat maintenance, or our harbor. As a result they are not only unfair, they will be impossible to comply with and to a great extent unenforceable I urge you to read this document. If you are unfamiliar with boats and boating, why not ask a friend who is familiar and proficient to read it and give you his reactions. It is really humorous, except that it may turn out to be a tragedy. As a boat owner who spends some evening time in my boat, (at the dock I own at my house) I may be classed as a liveaboard, and be required to secure a series of permits from a newly created bureaucracy. The new rules require me to construct a boom under my boat before during routine maintenance. I cannot find anyone who can tell me what this means, how to go about it, or how much it might cost. Theres more, much more, but I think you get the idea. Sincerely Bill Woodard 714-840-9373 �0MmuN, ((Vt10 , 11/4/2002 Page 1 of 1 Kuhnke, Elaine C! I-"( CLERK 'I Ty np From: Leonard Lady [leonard.lady@verizon.net] HUNTINGTON REACH, CA Sent: Monday, November 04, 2002 12:59 PM ZD02 NOV -S P 12: 5 b To: ekuhnke@surfcity-hb.org Subject: Fw: ----- Original Message ----- From: Leonard Lady_ To: power.boater@verizon .net Sent: Monday, November 04, 2002 12:55 PM Please see to it that the City Council gets this e-mail to accept as you have on your information sheetl can't seem to get this e-mail to them DEAR CITY COUNCIL: I WANT TO SERIOUSLY OBJECT TO YOUR ATTEMPTING TO CHARGE US FINES ON OUR HARBOR REGARDING THE "PIER HEAD LINE" WHY SHOULD WE PAY FOR THE NEGLIGENCE OF OTHERS UPSTREAM FOR THEIR DUMPING DEBREE AND WASHING DOWN THEIR PROPERTY WHICH ENDS UP IN OUR HARBOR. I HAVE SEEN MATTRESSES , DEAD ANIMALS AND OTHER THINGS WHICH I DON'T I THINK I SHOULD MENTION. ALSO EVERY TIME IT RAINS WE GET THE RUNOFF IN THE HARBOR. IT'S NOT OUR RUNOFF!!! PROPERTY VALUES WILL GO DOWN IF THIS IS PASSED, WHICH WILL IN TURN DEPLETE YOUR SHARE OF THEM. WE ARE NOT ALL THAT WEALTHY RESIDENTS BECAUSE ALOT OF US CAME TO THE HARBOR MANY YEARS AGO WHEN THINGS WEREN'T AS EXPENSIVE. FRANKLY I COULD NOT SELL MY HOUSE AND DOWN SIZE BECAUSE OF THE INCOME TAX STRUCTURE AND THEIR EXCLUSIONS. I WOULD ACTUALLY LOOSE MONEY IN A SMALLER HOUSE IN THE AREA. CORDIALLY, LEONARD LADY F LAtV� � 11/4/2002 Page 1 of 1 Kuhnke, Elaine J If Y CLERK r!r' op- From: Kuhnke, Elaine HUNTINGTON BEACH, CA Sent: Monday, November 04, 2002 8:54 AM 20OZ NOV -5 P 12: 51 To: 'Sarbo67@aol.com' Subject: RE: Access Tax- I have received your comments and they will be forwarded to the City Council. -----Original Message----- From: Sarbo67@aol.com [mailto:Sarbo67@aol.com] Sent: Sunday, November 03, 2002 10:11 PM To: ekuhnke@surfcity-hb.org Subject: Access Tax - We will be there in force November 6th at 7PM. Jennifer McGrath and Ron Davis must be removed from the City Council roles! 11/4/2002 Page 1 of 1 Kuhnke, Elaine CITY O From: Kuhnke, Elaine Sent: Monday, November 04, 2002 10:51 AM 2002 NOV _S ' J To: 'BobNLloyd@aol.com' Subject: RE: Huntington Harbour Access Tax We have received your email and it will be forwarded to the City Council for their consideration. Thanks for your comments. -----Original Message----- From: BobNLloyd@aol.com [mailto:BobNLloyd@aol.com] Sent: Monday, November 04, 2002 10:50 AM To: ekuhnke@surfcity-hb.org Subject: Huntington Harbour Access Tax To: Huntington Beach City Council Ladies/Gentlemen: We hereby wish to express our strenuous objection to the proposed Access Tax affecting Huntington Harbour property owners. 1) Property owners on the Main Channel pay rental to the State of California for the right to have a dock, and thereby moor a boat. How can the City levy a tax, or fee, for the use of the State-owned channel? 2) Dredging of the waterways is necessitated, for the most part, to remove silt deposited by runnoff from upstream communities. 3) Huntington Harbour property owners pay increased property taxes based on higher property valuations. Waterfront property owners pay a substantially higher tax due to channel frontage. 4) Boat owners pay an additional personal property tax. 5) Property owners have not been consulted nor heard at Council meetings. We urge you not to rush to judgement, but rather to postpone action until further input from all affected entities can be considered. Respectfully, Robert and Lloyd Baron 16611 Carousel Lane 714-846-3211 utu ku ( 11/4/2002 Page 1 of 2 r. _t_�a g t Kuhnke, Elaine C �. `fj a� e From: Kuhnke, Elaine Sent: Friday, November 01, 2002 1:22 PM Z�QZ NOV —9 P 12: 5 b To: 'Nat Pendleton' Subject: RE: The City's proposed Ordinance on Huntington Harbor Regulations Mr. and Mrs. Pendleton: We have received your email and will forward to the City Council for their consideration. Thank you for your comments regarding this issue. Elaine Kuhnke -----Original Message----- From: Nat Pendleton [mailto:npendleton@socal.rr.com] Sent: Friday, November 01, 2002 1:20 PM To: ekuhnke@surfcity-hb.org Cc: Gregory.Lee@fluor.com Subject: The City's proposed Ordinance on Huntington Harbor Regulations Dear City Council Members: My wife and I have been a residents of Huntington Harbor for 33 years and are avid sailboaters who enjoy cruising up and down the coast and to Catalina.We find the harbor to be a great place to live and boat and I would like to see it remain so. Unfortunately_,with the advent of the citesproposed ordinance I now see this way of life threatened by a proposal which threatens to take away my boat and place a new significant an unjust new tax on me and other residents-No-pay for dredging,harbor clean up and enforcement. Of particular concern to me is the section in the proposed ordinance regarding enforcement of pierhead violations which proposes to enforce the existing pierhead lines as established by the subdivision maps. The city has elected not to enforce the pierhead for the past 30 years setting a precedence for many boat owners,including myself,who presently have boats extending over the pierheadline and have so for many years without complaints from neighbors,city and county and without safety ever being an issue. With an estimated 800 boats presently extending over the pierhead lines based on the last count by the city,as quoted from the 6125191 Harbour Code Committee report,the city can expect an enraged outcry from boatowners and litigation should they attempt to enforce the current pierheadlines without further consideration. Suggestion!Would it not make more sense for the City to first conduct a study on the magnitude and need for enforcement of the pierhead violation problem before passing an ordinance? If the City intends to enforce the pierhead lines then the city should first consider relaxation of the existing obsolete 30 year old pierhed lines where public safety or boat traffic are not at issue and revise the pierhead lines accordingly to accommodate existing boatowners before enforcing any ordinance.This revised pierhead line input could then be built into the ordinance before its approval by the City Council thus reducing the number of conflicts with boat owners,who under the ordinance as now written,will be forced to go through code amendment filings and public hearings to amend the current pierhead line. If the City proceeds without reviewing relaxation of the pierhead line before passing the ordinance it will put an unecessary burden on both boatowners and the city to hold/attend numerous public hearing over the pierhead issue which may be avoidable and unnecessary. We also find the proposed taxation for dredging and pollution cleanup unjust because the harbor is the final discharge point for numerous drains and flood control channels that carry associated trash,silt and debris from a large portion of Orange County into the harbor. It should be the County's responsibility to fund the dredging and cleanup of the public harbor not just the boatowners or harbor residents. We ask that you give careful consideration to the above comments and suggestions before adapting an ordinance. Sincerely, (M M K N, 4+i tv 11/1/2002 Page 2 of 2 Nat&Susie Pendleton 3466 Winspun Drive Huntington Beach, CA 92649 11/1/2002 Kuhnke, Elaine From: Kuhnke, Elaine '' Sent: Monday, November 04, 2002 8:55 AM CITY OF To: 'rob artle' HUNTjNG 1`0N BEACH, CA Subject: RE: proposed boat slip changes 1001 NOV -9 P 12 5 1 I have received your email. Your comments will be forwarded to the City Council. -----Original Message----- From: rob artle [mailto:punchies@juno.com] Sent: Sunday, November 03, 2002 10:28 PM To: ekuhnke@surfcity-hb.org Subject: proposed boat slip changes To The Members Of The Huntington Beach City Council, This e-mail is intended to apprise you, the Board, of my opposition and disappointment with your proposed changes to property ownership within the city, specifically rights relating to boat slips in the harbor. It has come to my attention that the board is rushing to create an ordinance that will seriously affect the ownership rights of all boat slip owners negatively. when I bought my house four years ago I did so detrimentally relying upon the ordinances and allowances then in effect. To create restrictions and arbitrarily begin to enforce those that were never before enforced would be to adversely effect all boat slip owners' property values. I hereby ask you to reconsider your proposed changes including the pier head line issue and the increases in taxes/levies that are proposed to be assessed due to extra policing, dredging (of silt that comes from other cities, whom should be made to reimburse the city of Huntington Beach) , etc. Moreover, it is evident that Due Process has not been afforded regarding these issues. Therefore, I also must demand that you include the affected residents in your meetings and the entire decision making process. I appreciate your consideration. Sincerely, Rob Artle, Esq. 3387 Tempe Drive 1 � Kuhnke, Elaine From: Kuhnke, Elaine CUR Sent: Monday, November 04, 2002 8:49 AM CITY OF To: 'Rob Blayden' HUNTING TON ON BEACH, CA. Subject: RE: HH Access Tax ZOQZ NOV `S P 12: 5 1 Mr. and Mrs. Blayden, I have received your comments. Please be informed that the City Council meeting is being held Wednesday, November 6, not Monday. Your comments will be forwarded to the City Council for their review. Elaine -----Original Message----- From: Rob Blayden [mailto:rblade@socal.rr.com] Sent: Sunday, November 03, 2002 8:04 AM To: City Council Subject: HH Access Tax Please accept stern opposition against the harbor access tax. I would be there Monday night but we are out of town. Rob & Anne Blayden 1 "� Kuhnke, Elaine From: Kuhnke, Elaine l";IT)' CLERK CITY OF 'ASAMARD I C H' Sent: Monday, November 04, 2002 8:47 AM Ht1NTIiVGTt3 BEACH, CA Subject: RE: Access Tax for Huntington Harbour 100Z NOV -5 p 12: S Ms. Samardich, I have received your email and will forward them to the City Council for their review. Thank you for your comments regarding this issue. -----Original Message----- From: ASAMARDICH [mailto:ASAMARDICH@socal.rr.com] Sent: Saturday, November 02, 2002 7:06 PM To: ekuhnke@surfcity-hb.org Subject: Access Tax for Huntington Harbour Members of the City Council of Huntington Beach: Many of the residents of Huntington Harbour are neither rich nor living in waterfront mansions. We live in townhomes and condominiums, have been judicious with our savings, and are retired on fixed incomes. We do not understand why there has not been money set aside for the upkeep of the harbour from every building permit and sale of property. Surely, as with townhomes and condominiums, the issue of maintenance of waterways must have been addressed. We are bound by State law to set aside common area money for the various amenities in our projects. Does the City not adhere to a similar policy? If not, why??? Regarding the policy of paying an extra fee if you are on your boat past sunset or 1 hour before sunrise, I see this as an UN-ENFORCEABLE policy. Why not charge live-a-boards a yearly fee, and make it mandatory that the U.S. Coast Guard Auxiliary inspect every boat that wants a live-a-board permit. This way you would know that every boat with a yearly permit is operable and safe. This would be a lot easier than trying to enforce sneak-a-boards. I agree that the "pier head line" issue is being handled incorrectly. Those with boats on the main channel that extend beyond the pier head line, more than likely pose no navigational hazard. I do agree that some standards need to be set. Those with boats on the side channels that extend beyond the pier head line need to be addressed if they impede navigation. I am curious to know what role the Harbor Patrol plays with regard to navigational issues. In closing, it is most certainly a fact that much of the silt and pollution in the Harbour comes from communities up the Cerritos Channel. One only has to check out what turns up after a good rain storm to ascertain this fact. Therefore, it seems that the County of Orange should participate in funding the needed dredging. I do not mind my tax dollars supporting the community park system (which I rarely use) or the city beaches. I do not expect to be taxed additional funds for the maintenance of the Harbour. Sincerely, Barbara Samardich 4030 Aladdin Drive Huntington Beach, CA 92649 (714) 840-9161 M nA Kt- Cat I'm Page 1 of 1 'K Kuhnke, Elaine CITY_0_F 4kJ 1L1 '-T ;, j� vry OLA From: Kuhnke, Elaine Z60Z NOV -C Sent: Monday, November 04, 2002 8:45 AM �2= S 7 To: 'BOATSEA@aol.com' Subject: RE: (no subject) Mr. Ferns, I have received your comments and will forward them to the City Council for their review. Thank you. Elaine Kuhnke -----Original Message----- From: BOATSEA@aol.com [mailto:BOATSEA@aol.com] Sent: Saturday, November 02, 2002 11:50 AM To: ekuhnke@surfcity-hb.org Subject: (no subject) SUBJECT;ACCESS TAX FOR HUNTINGTON BEACH WATER WAYS I am not totally opposed to some type of levy to keep our waterways clean and in repair however I AM OPPOSED TO RUSHING THROUGH A TAX WITHOUT BOAT OWNER AND RESIDENT INPUT. To the best of my knowledge, the proposed ordinance is vague and with inequities that do not serve the public well. Why not gain the support of the public and take advantage of the vast amount of experience of local boaters? May I suggest some due diligence on behalf of the city council inorder to avoid a costly and probably bitter battel which will end up costing the public monies at a time when monies are scarce. Respectfully, John Ferns 16505 Cotuit Circle Huntington Beach Ca. 92649 Lat WKA 11/4/2002 Page 1 of 1 Kuhnke, Elaine Clr ' Cf CI K From: Kuhnke, Elaine HUNTllkli1T'0N, EACH, CA Sent: Monday, November 04, 2002 8:41 AM 1ao1 NOV —5 P 12: 51 To: 'Reeltimell@aol.com' Subject: RE: ORDINANCE Mr. and Mrs. King, I have received your email and will forward it to the City Council for their review. Thank you for your comments regarding this issue. -----Original Message----- From: Reeltimell@aol.com [ma i Ito:Reeltimell@aol.com] Sent: Friday, November 01, 2002 2:43 PM To: ekuhnke@surfcity-hb.org Subject: ORDINANCE Dear City Council. My wife and I have lived in Huntington Harbour for 17 years when we realized a life's dream of living or the water with our boat in front of our home. Now your threatened Ordinance involving boat owners will undoubtedly drastically effect the property values of all the residents of the Harbour even those not living on the water. The restrictions you propose are almost unenforceable as written and deal with so many issues it will take a large expensive staff to enforce this Ordinance, if it is even enforceable. The largest concentration of boats are in Peters Landing and Sunset Landing which, as I understand is out of this jurisdiction of this ordinance. This is where the "live aboard's" are: and not in front of homes. The restriction about not being able to wash your boat or have the bottom cleaned without a boom is POORLY thought out. Who will be the police that make sure people do not wash their cars on the streets. This water flows into the Harbour? What about tree leaves, who will stop the wind? Who even makes such a thing as boom that will catch the sea growth from the bottom of the boat when it goes back into the ocean from which it came? There is also the issue of dredging which IS NOT THE RESPONSIBILITY OF A BOAT OWNER The channel is fed by rivers. We ask that you remove this agenda item from your meeting and carefully consider an Ordinance that is less costly to the City and one that will work. This Ordinance can only lead to Major conflicts and can be resolved with better understanding and resident input. There are too many problems with the proposed Ordinance. Merle/Preston King 3671 Venture Dr Huntington Beach 11/4/2002 Kuhnke, Elaine ,• U1 E Y '.LERK From: Kuhnke, Elaine CITY OF Sent: Friday, November 01, 2002 2:27 PM HUNTINGTON BEACH, CA To: 'Larry Beck' Subject: RE: 1002 NOV _S P 12: S Mr. and Mrs. Beck, Thank you for your comments regarding this issue. We will forward to the City Council for their review. Elaine Kuhnke -----Original Message----- From: Larry Beck [mailto:lbeck@mindspring.com] Sent: Friday, November 01, 2002 2 :03 PM To: ekuhnke@surfcity-hb.org Subject: Dear City Council Members: My wife and I have been a residents of Huntington Harbor since 1980, and are avid powerboaters who enjoy cruising around Huntington Harbor, and up and down the coast and over to Catalina. We moved into the harbor and wanted to purchased a boat for our dock. We contacted the city, and the sheriff's department before ever purchasing our boat to make sure that what we were purchasing was the correct size for our slip. we inquired both at the city and with the harbor master (sheriff) in regards to the over hang of a bow pulpit, or a swim step, and were told very specifically the size we were purchasing was approved for where we live. In 1984 we purchased our boat, and actually had the Harbor patrol stop by and see the boat and they gave us the approval for its size, shape and simplicity of mooring in the dock. P.S. We have used it weekly ever since. we also paid dearly for our home in the harbor, as it was considered to be a premium place to live in Huntington Beach. With the advent of the city's new proposed ordinance I now see this way of life threatened by a proposal which threatens to take away my boat and place a new significant an unjust new tax on me. I have asked the harbor patrol, and they represent the Sheriff's department. They state that they are in charge of the harbor and its fingers and tributaries. To pay for harbor cleanup and dredging of silt, material, cups, papers, and bad chemicals that have come down stream from the northern higher elevation cities, it totally unfair, and unethical. To put a fee on a Huntington Harbor family who owns a boat in the harbor is not right. The city should actually charge a yearly fee of the same amount to every boat that is either launched at sunset aquatic park, or passes under the PCH bridge. What a nightmare. I am confident that is not an option, as you the city management would have lawsuits from all over Southern California. I am particularly concerned with the city's desire to tax the harbor owners for pierhead line enforcement, (for 30 + years nothing has ever been done ) Grandfather issues may apply, and any special taxes to dredge a harbor where the silt, garbage, and bad chemicals arrive from other cities and counties. I think all homeowners should be taxed if anyone is taxed. Their property has higher value in Huntington Beach because of our beaches, our Southern California proximity, and the Huntington Harbour. I know that the city has not managed their funds effectively over the past 10 years, and most important, no one could have ever predicted the turn down in the economy. But that should not allow a city to randomly just increase taxes in one area, and not in another, especially if the reasoning is merely to increase the tax base. If the City intends to enforce the pierhead lines then the city should first consider relaxation of the existing obsolete 30 year old pierhed lines where public safety or boat traffic are not at issue and revise the pierhead lines accordingly to accommodate existing boatowners before enforcing any ordinance. This revised pierhead line input could then be built into the ordinance before its approval by the City Council thus reducing the number of conflicts with boat owners, who under the ordinance as now written, will be forced to go through code amendment filings and public hearings .to amend the current pierhead line. We respectifully ask that you give careful consideration to the above comments and suggestions before adapting such an ordinance. Sincerely, Larry & Paula Beck 3472 Winspun Drive Huntington Beach, CA 92649 2 OR GE COUNTY COA1 TKEEPER - 10 California 926 441 Old Newport Blvd. Suite 103 Newport Beach, 634, �, ' c L [_ ;� Office: (949) 723-5424 Fax: (949) 675-7091 Email coastkeeper� ( car l�iltin ne> ,J.a http://www.coastkeeper.org tDJ1 NOV -b November 4, 2002 REC Debbie Cook, Mayor EIVE ® Members of the City Council NO V 0 5 2002 City of Huntington Beach 2000 Main Street City of Huntington Beach Huntington Beach, CA 92648 City Council Office Re: Huntington Harbour proposed ordinance Dear Mayor Cook, The purpose of this letter is to express our opposition to the proposed ordinance that is currently being circulated as a solution to issues existing in Huntington Harbour. My comments address the city's proposal for both "live aboards"and"sewage and Pollution". After reviewing the proposed ordinance, the only conclusion we draw is the authors are totally unfamiliar with boats and boating practices. Live Aboards: Our concern regarding live aboards is aimed at the people who PERMANTELY live aboard on a full-time basis in marinas, where living aboard is specifically prohibited. Then, our only concern is not so much they live aboard, but that they might illegally discharge the sewage waste holding tank into the harbour. According to the County Health Care Agency's water testing results, the water tested in the Huntington Harbour Marina showed extremely high level of bacteria indicators during the summer months of 2000 and 2001. Our concern is there are people living permanently aboard vessels in marinas, in some cases; they are illegally discharging sewage waste into the harbour. We identified 19 livaboards living full-time on just several gangways in Huntington Harbour Marina, which is prohibited by city ordinance from allowing any full-time liveaboards. Our first suggestion was to allow live aboards by requiring an annual permit to do so. In order to obtain the permit, the boater would have to pay a fee and have the vessel inspected to ensure dumping overboard would be mechanically impossible. This annual inspection could ensure the boat could run under its own power, as well as, have adequate safety equipment on board. This has been done in most southern California harbors. Somehow, the solution to this problem has been shifted onto the recreational boater who currently pays very high rates to dock his/her boat in the harbor and wants to use it recreationally—not as a permanent home. The entire focus of 144 bffiffim 'l o this proposed ordinance is now focused, in a punitive fashion, on the weekend or recreational boater, who, in our opinion, is not the problem. Again, the potential problems are the older rundown boats that can be inexpensively purchased and used as a full-time condo on the water—not the recreational boater. The following comments coincide to the"Request for Council Action"memorandum dated November 6, 2002—Live Aboards A. The ordinance proposed to continue using a 72-hour stay as the definition of a liveaboard. This has proven unenforceable in every harbor in southern California, including Huntington Harbour. What is going to make it viable now? Who is going to validate the 72 hours? Certainly not one harbormaster. B. The ordinance calls for all boats to have a secure holding tank. All boats have a secure holding tank for its head. The question is if there is a valve that can bypass the holding tank and discharge directly into the harbour. If a boat has such a valve, during its stay in the Harbour, it must be permanently secured so it cannot be positioned to discharge through the hull. C. This is directly punitive to the boaters already paying high fees all winter to dock their boat. In summer, the owner wants to spend a long weekend or a week on their boat—they should be allowed. Again, in our opinion, these boaters are not the problem. Each marina should have a vessel waste pump-out facility for easy accessible use. There is no need for this permit or the bureaucracy necessary to implement it. Sewage and Pollution The Statement in the memorandum states"Some older vessels with heads lack holding tanks. Other vessels lack watertight holding tanks". Neither of these statements is really accurate. Larger boats have holding tanks; most all-small ocean-going boats have portable toilets, which have built in holding tank. With very few exceptions, boats that are equipped with a toilet also have a holding tank as part of the system. Second, there is no such thing as a non-watertight holding tank. Just like a sewage spill anywhere else, it smells very bad. I suggest a non-watertight holding tank has never been manufactured—at least on purpose. If a holding tank leaked, it would be immediately repaired, as the boat would be unusable with a leaking sewage tank. The problem is NOT the lack of holding tank, nor the existence of a watertight holding tank—these are both non-issues. The problem is boaters themselves and good boating practices. Sewage and pollution comes from the boater acting in an inappropriate manner, such as pushing a button that directs a secure and watertight holding tank to discharge into the harbor. It is not a boat problem, but rather, a boatER problem. Every harbor in southern California has looked into Catalina's dye tablet method of controlling transient boaters from illegally discharging into Avalon harbor. The method works in Catalina because of the full-time patrols, the relatively small size of the harbor, and low number of boats that can moor there. It will not work under the circumstances here. Huntington Harbour is a huge area by comparison, with over 3,000 boats, and no full-time patrol located to spot dye in the water. Here, dye would dissipate before it would be noticed. The only application in Huntington Harbour is to verify a "bad practice"from a specific boater already suspected of illegal discharging. In summary, Huntington Harbour is in need of serious management to prevent further erosion of the overall condition of the harbour, however, it is apparent this proposed ordinance has just recently been"thrown"together and is not the vehicle that will help improve conditions in the Harbour. It is ill conceived as it is clearly void of an understanding the problems and the true causes of the problems. The Harbor Quality Committee has been actively meeting for a year and not much has been accomplished. Now, there is a recent push to get something approved. This is not based on well- founded data, facts, or policy. In our opinion, this ordinance, as proposed, will cause more harm than good. We support continued development of an ordinance that would enable harbor management. Thank you in advance for considering our points of view in this case. Sincerel , 9�1 Garry Bro Executive Director Page 1 of 1 Kuhnke, Elaine , f t ��t c�T°r aF From: Kuhnke, Elaine Sent: Tuesday, November 05, 2002 3:02 PM Z00ZoW �-b IQ To: 'MOTAMAMA@aol.com' Subject: RE: Huntington Harbour We will forward your comments to the City Council. Thank you. -----Original Message----- From: MOTAMAMA@aol.com [mai Ito:MOTAMAMA@aol.com] Sent: Tuesday, November 05, 2002 10:58 AM To: ekuhnke@surfcity-hb.org Subject: Huntington Harbour We have lived in Huntington Harbour for 24 for years and pay property taxes. We should not pay for the dredging. It is the responsibility of all the people in the four counties to pay for it. They don't make Garden Grove pay for the dredging of the flood channel. Why should we pay for the garbage that ends up here. Thank you, Steve Clifton 11/5/2002 Message Page 1 of 1 Kuhnke, Elaine C11"y OF From: Kuhnke, Elaine ZOOZ NOV - Sent: Tuesday, November 05, 2002 3:01 PM ' I�' f To: 'Ole' Subject: RE: Pier Head Line!! We will forward your comments to the City Council. Thank you. -----Original Message----- From: Ole [mailto:bugs@surfcity.net] Sent: Tuesday, November 05, 2002 8:37 AM To: HB City Council Cc: *HELLO Subject: Pier Head Line!! Good Morning: About 30 years ago I did build my home here in Huntington Harbour.... It just came to my attention that you are about to bring up this at tomorrow's meeting a Pier Head Item...... This is the 1st that I have heard of this and I do hope that NO quick decision is made..... Sincerely Yours John Anderson 11/5/2002 Page 1 of 1 Kuhnke, Elaine HU T u Y ff _.AN-, CA From: Kuhnke, Elaine 10O2 NOV --b A io: 00 Sent: Tuesday, November 05, 2002 3:00 PM To: 'Kathy Bayless' Subject: RE: Huntington Harbour I have received your comments and will forward them to the City Council for their review. -----Original Message----- From: Kathy Bayless [mailto:kathybayless@hotmail.com] Sent: Tuesday, November 05, 2002 9:34 AM To: ekuhnke@surfcity-hb.org; brucebayless@hotmail.com Subject: Huntington Harbour How can you make this decision about the Harbour without a vote? The harbour is just as important to the City of Huntington Beach as the city streets. The streets are worked on a kept up. There is a budget for them but not for the harbour. If the streets have something dumped on them it is cleaned up and if someone is to be found responsible it is done. Why are the harbour's channels any different? Sure if there is dumping done (ie specific cities, boats, marinas or people) go after them. But you cannot punish those that are not respondible. As a tax payer I am outraged at the mentality that the harbour should take care of itself. It only hurts the homeowners and it filters down to lowering property evaluation and guess what it lowers the tax base. It is very obvious that the City of Huntington Beach is very interested about Downtown and the resort because there are deep pockets, but to not support Huntington Harbour is a shame. To not allow anyone to use their duffy at night to go to one of the few Huntington Harbour restaurants or clubs is a shame and is not constitutional. That is taking away rights. As a resident a Huntington Beach I am assamed at what the City Councel is doing. This could be a great place to live but it sounds as though you want it to be a war of the territories. Shame on you...It is not any different to charge every homeowner when the trees need to be cut in the park ways or the street sweeper needs to be run. SHAME ON YOU... Protect your PC - Click here for McAfee.com VirusScan Online /V - b'd Lau Nl m m u V6 U 11,s,2002 Kuhnke, Elaine < C TY OF From: Kuhnke, Elaine NUiVT!`;;,TCai-1 :' .AC�f, CA Sent: Tuesday, November 05, 2002 8:24 AM To: 'sheila shea' Subject: RE: Nov. 6th ordinance vote 1001 NOV -b A ilk: 00 We have received your comments and. will forward to the City Council. -----Original Message----- From: sheila shea [mailto:ssshea0l@hotmail.com] Sent: Monday, November 04, 2002 8:03 PM To: ekuhnke@surfcity-hb.org Subject: Nov. 6th ordinance vote As a homeowner in Huntington Beach for the past 25 years and a homeowner in Huntington Harbor for the past 16 years I have deep concerns about the process that has taken place that has led to a vote you are to undertake on Nov. 6. As elected officials of the city it is your responsibility and duty to hear and consider the opinions of ALL the residents of your city. If there are some vocal citizens who have a loud voice and an unknown agenda that you cannot ignore it is incumbent on you to hear the other side. Unfortunately on this issue that has not been done. It is understanding that an elected body will attempt to find any new means of funding projects that is their responsibility address. The way this process has proceeded however is not the way elected officials should proceed on an issue that effects so many. The possibility of new taxes for a select group of the population should involve their input. A meeting without public notice at a yacht club in the middle of the first world series in Orange County history in 42 years does not exactly constitute an open forum for all concerned citizens. The fact that 150 people showed up is a testament to word of mouth and a deep concern from those present. To proceed at this time without further input from concerned citizens would show a callous disregard for the very people you profess to serve. I urge you to postpone any further action on this important issue until ALL the people can be heard. the citizens on Huntington Harbor are following this issue closely and will respond to your actions. Sincerely, Stephen R. Shea Unlimited Internet access -- and 2 months free! Try MSN. http://resourcecenter.msn.com/access/plans/2monthsfree.asp Latt CON rm � f o n..) , � Page 1 of 1 Kuhnke, Elaine �! ✓LEr; pr.. nC _: , From: Kuhnke, Elaine HUNTIr:C f Cid c ACH, CA Sent: Tuesday, November 05, 2002 8:24 AM ZOOZ NOV. —b 'A io: Do To: 'Gregory Lee' Subject: RE: We have received your comments and will forward to the City Council. -----Original Message----- From: Gregory Lee [mailto:power.boater@verizon.net] Sent: Monday, November 04, 2002 9:27 PM To: Leonard Lady; ekuhnke@surfcity-hb.org Subject: Re: ----- Original Message ----- From: Leonard Lady_ To: power.boater@verizon .net Sent: Monday, November 04, 2002 12:55 PM Please see to it that the City Council gets this e-mail to accept as you have on your information sheetl can't seem to get this e-mail to them DEAR CITY COUNCIL: I WANT TO SERIOUSLY OBJECT TO YOUR ATTEMPTING TO CHARGE US FINES ON OUR HARBOR REGARDING THE "PIER HEAD LINE" WHY SHOULD WE PAY FOR THE NEGLIGENCE OF OTHERS UPSTREAM FOR THEIR DUMPING DEBREE AND WASHING DOWN THEIR PROPERTY WHICH ENDS UP IN OUR HARBOR. I HAVE SEEN MATTRESSES , DEAD ANIMALS AND OTHER THINGS WHICH I DON'T I THINK I SHOULD MENTION. ALSO EVERY TIME IT RAINS WE GET THE RUNOFF IN THE HARBOR. IT'S NOT OUR RUNOFF!!! PROPERTY VALUES WILL GO DOWN IF THIS IS PASSED, WHICH WILL IN TURN DEPLETE YOUR SHARE OF THEM. WE ARE NOT ALL THAT WEALTHY RESIDENTS BECAUSE ALOT OF US CAME TO THE HARBOR MANY YEARS AGO WHEN THINGS WEREN'T AS EXPENSIVE. FRANKLY I COULD NOT SELL MY HOUSE AND DOWN SIZE BECAUSE OF THE INCOME TAX STRUCTURE AND THEIR EXCLUSIONS. I WOULD ACTUALLY LOOSE MONEY IN A SMALLER HOUSE IN THE AREA. CORDIALLY, LEONARD LADY Latt � / iVA, 1 i 11/5/2002 Page 1 of 1 I Kuhnke, Elaine C � ( 0� From: Kuhnke, Elaine Sent: Tuesday, November 05, 2002 8:23 AM ZO�Z NOV b A l�' To: 'Karl Wolfslau' Subject: RE: Unfair Huntington Harbor Boat Tax Proposal We have received your comments and will forward them to the City Council. Thank you. -----Original Message----- From: Karl Wolfslau [mailto:kwolfslau@socal.rr.com] Sent: Monday, November 04, 2002 11:16 PM To: ekuhnke@surfcity-hb.org Subject: Unfair Huntington Harbor Boat Tax Proposal I have been informed that the city is trying to enact a proposal to tax homeowners/boat owners in Huntington harbor. This seems entirely unfair. It is my understanding that you are trying to cover the cost of dredging the silt, SILT WHICH COMES FROM OTHER CITIES ! ! ! ! And now you are trying to regulate what time people can be on the boat, paying extra after sunset and prior to sunrise, THIS IS OUT OF CONTROL ! ! ! These efforts will drive down the property values for hard working homeowners. I urge you to say no to this proposal. The property owners already pay MORE THAN THEIR FAIR SHARE OF TAXES IN THIS CIT and taxing people based on this proposal is unfair and will result in the harbor being a less desirable place to live. I urge you to resist this unfair tax and vote no to this proposal. Sincerely, Karl Wolfslau 16602 Tiburon Place Huntington Beach, CA 92649 UtQ4 0 11/5/2002 Page 1 of 1 Kuhnke, Elaine CI i y O From: Kuhnke, Elaine 1001 NOV -b A i0: 00 Sent: Monday, November 04, 2002 2:45 PM To: 'Brian Bradeson' Subject: RE: My concerns I have received your comments and will forward to the appropriate department. -----Original Message----- From: Brian Bradeson [mailto:bbradeson@timeclocksales.com] Sent: Monday, November 04, 2002 2:34 PM To: ekuhnke@surfcity-hb.org Subject: My concerns I am concerned about the way the"pier head line" and the dredging of the harbor issues are being handled. Residents need to be engaged and consulted. Thank you.. Brian and Barbara Bradeson, residents since 1973. Lx m - VYU mV0 cut I 11/5/2002 Kuhnke, Elaine From: Fikes, Cathy Sent: Tuesday, November 05, 2002 6:29 PM HU1','U:t TQ,'d ElEACH, CA To: Kuhnke, Elaine 10�2 NOV _6 E�; O Subject: FW: Huntington Harbor -----Original Message----- From: Martin Svanda [mailto:MSvanda@Seidlercos.com] Sent: Tuesday, November 05, 2002 10:51 AM To: 'fikesc@surfcity-hb.org' Subject: FW: Huntington Harbor To whom it may concern , > as a boat owner and resident of huntington harbor I would like to express > my distaste at another attempt by the city to shrug its responsibility > onto the backs of a small portion of the population. The city has already > abdicated its responsibility to maintaining the seawalls and is now > attempting to place a user fee to pay for costs associated with > maintaining the harbor. This is not right. > First, the harbor is open to all residents, not only those living in close > proximity. The fee that is proposed would single out those residents in a > small geographic area to pay for the maintenance for something that is > open to all. > Second, just as my property tax dollars go to pay for maintenance of > parks, streets, or services which I will never enjoy, so should the > maintenance of the harbors. The city doesn't seem to mind the added tax > revenues the elevated home resale values currently bring in property > taxes, but apparently none or very little of those dollars is being > redirected towards those paying the taxes, the residents of the harbor. > It's an unfortunate political reality to ceaselessly bash those who can > afford it, but that doesn't make the act any less despicable. > Third, there is already a large disparity between home values in > Huntington Harbor and Newport, and adding layers of costs, fees, and > oversight would simply push down the value of a Huntington Harbor home and > thus lower the overall revenues the city would receive. In the long run, > this would only exacerbate your current problem and place an added cost > onto harbor residents. > Fourth, the harbor is being asked to personally bear the brunt of the > costs through no fault of its own. It 's not as if area homeowners are > dumping their backyard dirt into the harbor, causing it to clog up. > Rather, it's the flood control channels up to a hundred miles away which > are causing our current problem. Why not go after the cause of the > problem rather than making us pay? > The 4, 000 or so homes that make up huntington harbor, though less than 50 > of the total households, likely account for 20a or more of the property > tax dollars collected by the city. I believe its time for harbor > residents to stand up (and vote) for a more responsible representation of > their interests. > Martin Svanda > 3762 Seascape Drive > Huntington Beach, CA 92649 > Vice President (n/� (/►�j ( �y/� > The Seidler Companies Incorporated 1 � - A > 949 399 6404 > msvanda@seidlercos.com ***CONFIDENTIALITY NOTICE*** This email and any attached files contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the person to whom this email is addressed. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this email is strictly prohibited. If you have received this email in error, please immediately notify us by reply email or telephone at (213) 683-4563 2 Page 1 of 1 Kuhnke, Elaine (l `"r'''" From: Kuhnke, Elaine Z00Z NOV Sent: Wednesday, November 06, 2002 8:46 AM -b l� d To: 'Bcdaniels79@aol.com' Subject: RE: (no subject) We have received your comments and will forward them to the City Council. -----Original Message----- From: Bcdaniels79@aol.com [mailto:Bcdaniels79@aol.com] Sent: Tuesday, November 05, 2002 7:15 PM To: ekuhnke@surfcity-hb.org Subject: (no subject) To Whom It May Concern: I am a resident in the HB Harbour and do not want an added tax on my boat. Who's bright idea was this? I already pay an extra luxury tax. The Council needs to find another tax resource/revenue. Perhaps the old Montgomery Ward Shopping Center. Why can't you people do something with that. It's to tough, so you just look the other way????? Stop looking at the residents and start thinking what you can accomplish on your own. I'm very disappointed to hear about this proposal. Cindy Daniels Lite �O M OA K N' G4 10 V\/ 11/6/2002 Nov 05 02 05a20p J. 0. Anderson 714-846-1229 p. l Huntington Beach. City Council Good Afternoon: About 30 years ago I did build my home here in Huntington Harbour...It just came to my attention that you are about to bring up at your meeting tomorrow the Pier Head Item-This is the 1s`. that I have heard of this and do hope t at it is thought thru thoroughly and no quick decision is made... Sincerely Yours John Anderson T- Cr t c; .r7 j r 7 co z o ca 3> r NOV-05-2002 16:17 714 846 1229 95% P.01 �.':l.. Cal.(\t� CITE( OF Mr. R. Bruce Rieser I1U1N flilGTO;d OFACH, CA 4171 Morningstar Dr. 1001 NOV _b P 2: 1 1 R E C E 1 V Huntington Beach, CA 92649 N Q y p 6 2002 November 6, 2002 Of C'ty CUnc n O each nc11 B Office Honorable Mayor Debbie Cook City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 RE: Proposal Dear Honorable Mayor Cook: I am a resident of the Huntington Harbor area of Huntington Beach. I attended an informal meeting on October 23, 2002, with Huntington Beach officials. I am writing to express my opinion and concern with the proposed amendments to the Huntington Harbor Regulations. My comments can be categorized generally into 4 areas- 1. Communication I believe Mr. Hagan did a good job at the meeting of October 23. However, I learned of this information, by chance, through a neighbor. I believe that the community services department would be well served by widely advertising meetings (well in advance) with the Huntington Harbor residents. The council would benefit from the results of an open dialogue in advance of passing these proposals as drafted. Quite honestly, right now there is a sense in the community that the City is trying to "slip this past us without input." T his community participation hopefully will avoid litigation. 2. Regional Water Quality Issues Mr. Hagan stated that over 70% of the water quality issue concerns are regional in nature. He mentioned that the water entering the Harbor exceeded the water quality standards over 230 days last year. It would seem that we have a case of the "Tail wagging the dog". What actions have the Mayor, Council and staff taken to improve this situation? What is your action plan? Booms, Filtration, settling basins? What action has been taken to apply for grant funds or other Federal, State and regional funding to eliminate these water quality issues? Latt ' rA 3. Huntington Harbor Quality Issues Mr. Hagan requested comments from residents concerning the draft ordinances: • Live aboard and derelict vessels: I agree with the goal of eliminating the approximately 19 live aboards and enforcing the current 72 hour limitation and sanitation requirements. • Sewage & Pollution: The dye tablets should be an improvement and I would certainly support a system similar to Avalon Harbor— if the system is applied to all boats in the Harbor including those using the public launch ramps. • Relative to booms being installed under vessels during cleaning of decks and hulls: I believe a public education program to promote biodegradable products would get equal results. The booms are over kill at this time. 4. Financial Burdens One of the biggest areas of concern voiced at the October 23 meeting seemed to focus on adding another layer of government ie: Harbor Master. Existing Harbor. patrol and lifeguard services do a tremendous job of working with the harbor community. There is a lack of understanding as to why they cannot be compensated to perform ancillary duties beyond what they currently administer. A second area of concern is the proposed financial burden to dredge the publicly owned waterways of the Harbor. This burden should be shared by all, similar to the cost of paving and maintaining public streets. I urge the council to delay any approval of the proposed ordinance at the November 6, 2002 council meeting. Please provide time for staff to meet with the Harbor residents and properly evaluate our options. Thank you for considering these comments. Respectfully submitted, R. Bruce Rieser Cc: Connie Boardman — Mayor Pro-tem Ralph Bauer— Council Member Shirley Detloff— Council Member freter Green — Council Member /Pam Houchen — Council Member Grace Winchell — Council Member Page 1 of 1 Kuhnke, Elaine From: Det Breymann [det@marsoffice.com] H U NT 1 i!G'''"1 `5-L- `,CH, CA Sent: Wednesday, November 06, 2002 1:12 PM ZOdZ NOV —b P 2: To: ekuhnke@surfcity-hb.org Subject: re: taxing Huntington Harbour residence There are three marina's in Huntington Harbour that must generate at least$500,000 every month in slip rents. Home owners in Huntington Harbour, because of the value of their homes, pay some of the highest property taxes in the city. Boat owners pay annual property taxes on their boats and tenders. Boat owners are keenly aware of their environment and probably do more than most to keep the environment safe and clean. The majority of the trash found in the harbor is not from boaters themselves. Much of the trash/waste comes into the harbor from the storm drains, and riverbeds. So rather than taxing boaters for someone else's trash go after the source. There are numerous patrols now in the harbor from the sheriffs department and the Harbor Patrol. Crime in the harbor is relatively low (as far as I know), so why restrict residence on the use of their vessels. Are there boaters that abuse and discharge in the harbor? Probably. So why not penalize them and not everyone else. If the problem lies with liveaboards then put dye tablets in their sanitation systems, or if law enforcement suspects a vessel of discharging, require them to do the same. Most boaters certainly do not have a problem with this. A list of live aboards from each marina should be attainable for this purpose. Huntington Harbour is a safe and enjoyable place. I would like to see the harbor remain clean and safe for my children and grandchildren to use. Respectfully, Detlef Breymann 3256 Sparkler Dr. Huntington Beach detb pacbell.net � � c 0 11/6/2002 Kuhnke, Elaine From: Kuhnke, Elaine Sent: Wednesday, November 06, 2002 9:39 AM "j- —A CH, CA To: 'BBeddon@Seidlercos.com' Subject: FW: Pending City Counsil discussion on Harbour UsaQ%Ke0;s'and�Ne7 Reg ulations Your comments have been received and will be fowarded to the City Council. Thank you. -----Original Message----- From: Fikes, Cathy �- Sent: Tuesday, November 05, 2002 6 :15 PM o C To: Kuhnke, Elaine o Subject: FW: Pending City Counsil discussion on Harbour Usage Fees and New Reg ulations o ^{C-1- 1 -q r T D -t -----Original Message----- rya M From: Brad Weddon (mailto:BWeddon@Seidlercos.com] _ n Sent: Tuesday, November 05, 2002 11:25 AM — D To: 'fikesc@surfcity-hb.org' Subject: Pending City Council discussion on Harbour Usage Fees and New Reg ulations As a resident of Huntington Beach who also lives in the Harbour, I am deeply troubled by the appearance of new rules and fees impacting the waterfront property and a boat dock that I own. As the current President of the Huntington Harbour Anglers Club (one of the oldest conservation and fishing clubs in Southern California) I can assure you that people who live in the Harbour area are extremely Eco-counscious and conservation oriented. It is unfair to punish those who live the Harbour with new taxes and excessive maintainance costs when we already pay a huge tax premium for our location. The city doesn' t levy additional fees etc. on those residents that live near parks or on quiet residential areas versus congested or busy main streets like Warner or Beach Blvd. Why should Harbour residents be singled out and punished through regressive fees? Please do not enact additional burdens on people who are positive assets to our community. . Thank You, Brad Weddon President Huntington Harbour Anglers ***CONFIDENTIALITY NOTICE*** This email and any attached files contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the person to whom this email is addressed. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this email is strictly prohibited. If you have received this email in error, please immediately notify us by reply email or telephone at (213) 683-4563 �At �A Cat 10 Ad 1 Page 1 of 1 Kuhnke, Elaine From: Joe Cunha Doecunha@gte.net] Sent: Wednesday, November 06, 2002 2:22 PM To: ekuhnke@surfcity-hb.org Subject: Access Tax for use of Huntington Harbour Dear Sir/Madam: I am writing to voice my husband's and my concern over the suggested access tax to be imposed against boat owner's in Huntington Harbour. Although we are unable to attend tonight's meeting, we are strongly against any such action by the City. Regards, Joe & Cheryl Cunha 4165 Warner Avenue#206 Huntington Beach, CA 92649 aC= C �- ry c 1 _ w s n� T' AltM nk tk IV C 10 n 11/6/2002 �� HUNTINGTON HARBOR ISSUES "��'��'°�TOE� BEACH, CA ZUUZ NOV -5 P 12: 5 I. Water Quality II. Zoning Code Enforcement III. Pier Head Line Enforcement `.o-c,•c,�t�Rar- rsrra'-,F7tr��r`.°'r �'=y9rC��°f��",ar7.°fo��s� �4.ver.� �t��: P ' + Al Dredging Y "—m �4��°"w �v� � 5 n, - 3Y � -✓�,y�'�`t a ,� �?F�'�drryrk�' ��i�� .�'?+'�3��p',kyr�,rc 1�c��'k` n '�E Y{3� i�rt�� •m- #� � f'"'�`$ +t t YN{e,n� •' r .STana�+9. 3� fi�'�' A��d1 14 8h li 77, 1 0"', r k k � j v� ' I. Water Quality A. Contributing Factors I . Flood Control Channels 2 . Storm Drains 3 . Boating Activity 4. Commercial Activity 5 . Tidal Flow B . Draft Ordinance Response 1 . Live-aboards existing 72- hour limit enforced through the requirement for a permit. Issue-should live-aboards be permitted at all and, if so, for how long? ¢ rT 2 . Dye-tab testing program for holding tanks I Revised pollution prohibitions consistent with the City ' s NPDES ordinance; establishing "best practices" through administrative regulations 4. Requiring Marinas to obtain a commercial activities permit, and incorporating best practices through permit conditions 5 . Requiring boom to be installed around boat during cleaning II. Zoning Code Enforcement A. Contributing Factors 1 . Illegal Docks (No Permit) 2 . Illegal Structures i 3 . Illegal Dumping 4 . Derelict Boats B . Draft Ordinance Response I .Through GIS mapping, some illegal docks and structures can be identified and cited now 2 .Vessel use fee (to be proposed in Spring) will provide funds for enhanced code enforcement 3 .Ordinance would give Harbor Master authority to require vessels to demonstrate their seaworthiness III. Pier Head Line Enforcement A. Several types of violations 1 . Piers extending into navigable channels 2 . Boats extending beyond pier, and into navigable waters B .Contributing Factors 1 . Neighbor Complaints 2 . Safe Navigation 3 . Use of Public Waterway � I, u 1 C. Draft Ordinance Response 1 . Channel vacation procedure would be adopted similar to that used for street vacations 2 . All property owners on one ,side of a channel would be required to sign petition to extend the pier head line 3 . Owners would be required to fund a study analyzing impact of extending the pier head line on safe navigation and public use of the waterways 4 . If pier head line not extended owners would have one year to comply after receiving notice from pY g the cit y fil 4. �i a IV.Dredging Contributing Factors A. Ten city channels need dredging B . City channels last dredged 1989 C. Slit buildup comes from flood control channels, storm drains, beach sand replacement, and tidal flow D. Boat use creates the need to dredge channels SummaryPolicy of Issues : � - 1 z ,i,. � ho£u `*�. e ur ue rn nt eW -�« �.-V OAK fro ram for harbor water ualit� to e 'enforcem�n ' of zed 1 co ,,ntributn factors o vvater� � al t rt • y sues � 4 ............ S ,.'}fit''+ A !� + 11"...., ...........I Should the cit ursne3xnd ` zoin code F y p gm� xfi forcement in the "A ............ harbor,.F) wx ic - III.r Should the city enforce the currently established zw' f seer -7- head lines sn , ect to a c Lion rocedure to be }r 4 s r J G, p ............. � {- okeVY rtow _ re�'X nv. "�' "MfiSi-may krc>5R YFit` ': `s `tu YF`y� -. Stu, to2 ne titiorope y fud b orn d - t itnine Oew ter head lines based on a new standard t CI-4 in coordination with the Huntin toy Har - ,c i�r"'Msf;,`s .,t a •c �.•, .�rC -L� "ssy. # w'r ',a,j� "a�x �- Fa ;"".: A `�de: d"Mx .�-^,�'kaS�"f 4 As, nxF.11 ssoc � brtnrrnas? C "'Y w y' Y..JM, � ,.t.✓ ,�. _e t� C ..,. o city lar or- studyvoudbesVgnfrc�ar t • Council has previously approved a budget not to exceed $25,000 for a study to determine what fees and/charges would be appropriate to pay for harbor enforcement. • This study would be completed by the spring of 2003 . • Staff estimates the cost of a new, water-based enforcement program to be in the range of $400,000 per year. • If the county initiated a dredging program for the main channels and the city piggybacked on their contract, staff estimates the city cost to dredge the ten city channels that currently need dredging to be approximately $350,000 to $400,000. • If the city were to dredge the city channels on its own, the estimated cost to the city would be $ 1 .2 million. City Council Alternatives: 1. Direct staff to prepare the attached harbor ordinance for adoption, appropriate funds for enforcement from the General Fund, and direct staff to implement the program, or 2. Direct staff to work with the County of Orange and appropriate state agencies, along with the Huntington Harbor Homeowners Associations and marina owners to develop a new standard for pier head lines and enforcement; methods for zoning code enforcement; dredging programs; and the development of appropriate fees and/or charges to pay for the final program. f �J C MURRAY STOI 4 D U N TY 0 r Director,El H.J.KRIZL Director 2 1 DEC 2 6 1985 Parks 8 Recreati s RANG E LOca Pl 12 Civic Center Pla P.C,Box 40 Santa Ana,CA 92702-40 ENVIRONMENTAL MANAGEMENT AGENCY Mailing Addree P.O.Box 40• PARKS AND RECREATION Santa Ana,CA 92702-40- Telephor (714)834.88- FILE Sunset Harbor, City. H. B. Agreement Alicia Wentworth, City Clerk City of. Huntington Beach P,O. Box 190 Huntington Beach, CA 92648 Dear Mrs. Wentworth: Herewith for your records is fully conformed copy of Cooperative Agreement No. D85-144 between Harbors, Beaches and Parks District and the City- of Huntington Beach which provides for cost sharing and joint administration of maintenance and operation of Huntington Harbour waterways. Your ve y truly R. F. ingard, Manage E Parks and Recreation/Program P anni g Attach. cc: w/attach Paul Cook, Director of Public Works Earle Robitaille, Chief of Police R. Hewitt, Capt. South Operations Sheriff's Office H. Gage, Lt. Harbor Patrol Bureau K. Brittain, Manager, Regional Facilities Operations K. Smith, Chief, EMA Design A RFW:mw RECEIVED COW06i THE40 OFT"�"�tr, �Y�;—Zm, CtoK MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA DECEMBER 3, 1985 AMENDMENT TO SUNSET HARBOR OPERATIONAL AGREEMENT NO. D85-144 WITH THE CITY OF HUNTINGTON BEACH FOR HUNTINGTON HARBOUR DREDGING 7FD DEBRIS REMOVAL (HARBOR, BE CHES, AND PARKS DISTRICT) (File No. City, n motion by Supervisor C ark, seconded by Supervisor Stanton, the Clerk of the Board, on behalf of the Board of Supervisors, was authorized to. execute amended Cooperative Agreement No. D85-144 between Harbors , Beaches and Parks District and the City of Huntington Beach which provides for cost sharing and joint administration of maintenance and operation of Huntington Harbour waterways. MOTION UNANIMOUSLY CARRIED. r 011 A 9�)F1013.2.3(12/76) ' Agreement No. D85-144 1 SUNSET HARBOR OPERATIONAL AGREEMENT 2 + WITH CITY OF HUNTINGTON BEACH g THIS AGREEMENT is made and entered into as- of the day of 4 1985, by and between the City of Huntington Beach, hereinafter referred to as �I 5 "CITY", and the Orange County Harbors, Beaches and Parks District and the County of Orange, hereinafter collective) referred to as "DISTRICT." 6 � � y 7 �) WHEREAS, CITY and DISTRICT have previously entered into agreement dated g �i � December 17, 1974, and as amended from time to time, provides for defining of I, 9 respective responsibilities as regards administration, maintenance and operation of i 10 Huntington Harbour waterways within DISTRICT's Sunset Harbor Improvement Area; and 11 I AREAS, CITY and DISTRICT desire to update and clarify previously agreed upon i 12 guidelines for long range administration, maintenance ana operation of Huntington I, Harbour waterways. 14ij NOW, THEREFORE, CITY and DISTRICT agree as follows: 15 i I. DECEMBER 17, 1974 AGREE.ENT TERMINATION i 16 i Agreement dated December 17, 1974, as amended (R-mendment Nos. 1 through 6) , 17 between CITY and DISTRICT providing for joint administration, maintenance and 18 'i operation of Huntington Harbour waterways is hereby terminated. I�. 19 II. PUBLIC SAFETY 2011 A. CITY shall have the responsibility and authority for law enforcement 21 activity in that portion of Huntington Harbour which lies within the city limit, 22 with the following exceptions: 23 I 1. DISTRICT agrees to, and CITY may, upon notification to DISTRICT, 24 I enforce boating laws, ordinances and regulations of the State, City and County. 25 2. CITY specifically authorizes DISTRICT and DISTRICT through 26 Sheriff's Harbor Patrol Bureau, hereinafter referred to as SHPB, agrees to enforce 27 all those ordinances contained in Title 2, Division 2, Articles 4, 5, 6, 8, and 11 28 of the Codified Ordinances of the County of Orange, California. I Agreement No. D85-144 1 I 3. In the event CITY's Police Department requests assistance in its 2 I law enforcement operations within Huntington Harbour, SHPB personnel shall render 3 I aid to the extent of its authority, and provided such aid does not interfere with 4 '1 other SHPB responsibilities. In the event that SHPB personnel request aid in its I� 5 law enforcement activities within Huntington Harbour, CITY shall render aid to the ,i i 6 extent that such aid does not interfere with other CITY responsibilities. I1 '] �! 4. SHPB shall promptly notify CITY's Police Department of all observed 8 or reported violation of laws other than boating laws and shall stand by to assist i 9 ! the department in its response to such notifications in accordance with Section II, l l 10 i Paragraph A.3 of this Agreement. i I1 5. CITY's Police Department shall furnish SHPB with copies of all li 12I reports dealing with property loss and vandalism occurring on harbor waters. i! 13 ! 6. CITY's Police .Department shall notify SHPB immediately. of. any I; 14i1 suspected or actual criminal activity, police surveillance, or similar activity 15 �1 occurring on or adjacent to harbor waters which may affect the safety of SHPB 16 I personnel. i 17 7. CITY's Police Department shall provide SHPB with copies of reports 18 I pertaining to property lost or found within Huntington Harbour. SF:PB may retain and 191� release lost property to the owner or as authorized by CITY. 20 8. Where criminal activity is suspected to have occurred within CITY 21 1 boundaries, the primary responsibility for investigative efforts shall be by the 22 lI Police Department of CITY. 23 B. CITY shall have the responsibility and authority for fire protection 24 and medical emergencies in Huntington Harbour, with the following exceptions: 25 1. DISTRICT shall be responsible for provision of fire fighting and 26 medical aid services on navigable waters within the harbor. 27 2. SHPB shall respond to and attempt to suppress all fires, off-shore 28 along bulkheads, and along the shore in those cases where its equipment can be -2- I Agreement No. D85-144 1 utilized. In the event of fires in boats off-shore, SHPB shall have the 2 responsibility for firefighting operations. CITY shall notify the SHPB of reports 3 of fires along shores.or off-shore. 4 3. CITY shall establish and shall enforce regulations for fire 5 prevention on shore-connected facilities. SHPB shall, with reference to off-shore 6 boats, enforce those fire prevention regulations which have been established by the i 7 i U.S. Coast Guard, State of California and by DISTRICT. Whenever a water-oriented or i 8 ; waterfront emergency is reported to the CITY or the SHPB, such as a drowning; heart 9 �� attack, or other emergency medical situation, that agency shall it;;.ediate?y notify 10lj the other agency and both agencies shall respond to and provide aid as necessary in i 11 accordance with Section II, Paragraph A.3 of this Agreement. I 12 ij 4. CITY shall advise SHPB of necessary format and procedures for i 13 �i making reports. I . 14 C. Marine Safety is a mutual responsibility of CITY and DISTRICT. WY:ile 15 (� SHPB's primary function includes boating safety within the harbor and CITY's primary 16 function includes safety of beach and waterfront use within the CITY limits, both �I 17I� jurisdictions shall observe the rule of response by the closest and most available i 18 I, personnel and equipment and shall reinforce each other's rescue or prevention 19 l actions. 20 111. AIDS TO NAVIGATION 21 A. DISTRICT shall be responsible for the maintenance of all navigational 22 I aids in the Huntington Harbour, with the exception of CITY"s bridge lighting, and 23 I Aids to Navigation under the control and responsibility of the U.S. Army Corps of 24 Engineers or U.S. Coast Guard. 25 IV. HARBOR LINES 26 No modification in harbor lines or navigable channel project limits will be 27 f made or recommended to the U.S. Army Corps of Engineers except by joint 28 recommendation of CITY and DISTRICT. -3- li Agreement No. D85-144 1 V. ANCHORAGES, MOORINGS, PIERS, DOCKS, BULKHEADS AND GROINS 2 � A. CITY shall be responsible for administration and issuance of permits 3 �! for the construction of all shore-connected structures (slips and piers) and sea 4 `j walls, with the exception of those structures on County or DISTRICT fee property. it All permits for floating structures proposed to extend bayward of pierhead lines, 5 I{ 6i; and for solid fill structures proposed to extend bayward of bulkhead lines shall not 7i be permitted without express written approval of DISTRICT. 8 I B. Anchorage and/or mooring areas shall not be established or permitted I!9 without express written approval of CITY and DISTRICT. 10 " VI. LIFEGUARD SERVICES ++i 11i� CITY shall have sole responsibility for providing of lifeguard services in 12 accordance with its standard practices. Above shall not preclude DISTRICT from 131� rendering assistance as provided for in Section II.0 above. i 14 ii VII. DEBRIS 15 �j A. CITY shall be responsible for the regulation and control of all. debris 16I discharges originating from land sources within CITY's boundaries and shall respond 17I! to all complaints. 18 I B. CITY shall be responsible for the collection and removal of debris and i 19 refuse, including removal of floating hazards to navigation from all waterways and 20 adjacent shore areas within CITY's boundaries. 21 j C. DISTRICT shall annually participate in CITY's accomplishing Section "B" 22 I hereinabove subject to the following: 23 1. CITY shall annually, prior to January 31, submit to DISTRICT'S 24 �1 Director, Environmental Management Agency hereinafter referred to as EMA a proposed 25 cost estimate detailing CITY's contract, administration and overhead costs, a sample 26 contract(s) and an overall program description required. 27 2. Upon review and approval of submitted items by EMA, or designee, 28 EMA shall request in DISTRICT's following Fiscal Year budget pro rata share of total -4- ,II Agreement No. D85-144 1 costs as determined pursuant to Clause VII.C.3 hereinbelow, estimated to be incurred 2 by CITY, subject to DISTRICT's share of costs annually, not exceeding one hundred 3 and five percent of the approved budget item for theprevious fiscal year. 4 3. DISTRICT's agreeing to participate in CITY's debris removal effort 5 shall be limited to providing of assistance funding, and terms and conditions 6I' hereinafter, in accordance with the following schedule: '] FISCAL YEAR $ CONTRIBUTION NOT TO EXCEED 1985-86 1001b $42i000 y^, gIi 198.6-87 and after 50% (See Clause VII,C. ) 9 �j MI. DREDGING 10 A. DISTRICT shall have responsibility for Pnan -P dredging within i 11 i Huntington Harbour main channel for of maintaining channel depths. CITY 12 ' shall be responsible for maintenance dredging of all other waterways witr�in I! 13 Huntington Harbour. DISTRICT and CITY in discharging its respective 14 1 responsibilities, shall so do at times and locations, and subject to funding I! I 15 limitation as determined solely by respective CITY and DISTRICT. 16 i B. When requested by CITY, DISTRICT may, when so authorized by its Board, 17 I act as agent for CITY in dredging of waterways not within DISTRICT's responsibility I 1811; area subject to the following: 19 !I 1. Work to be performed by DISTRICT and requested by CITY shall be 20 I performed in conjunction with DISTRICT performing its obligation as requested in 21 I Section III.A hereinabove. 22 2. EMA shall design and prepare plans, specifications and cost 23 estimate for PROJECT and submit same to CITY for approval. 24 I 3.. EMA shall obtain all necessary permits. CITY agrees to waive fees 25 I for CITY permits. 26 4. COUNTY shall solicit bids and shall award contract only after 27 obtaining written authorization from CITY's Director of Public Works. 28 -5- i } i; Agreement No. D85-144 �i I' 1 I 5. CITY shall reimburse DISTRICT for all costs attributable to 1 �2 i - �j DISTRICT acting as CITY's agent including all reasonable and verified costs, survey, � �i design, permit, contract, inspection, administration, overhead, and legal costs. 3 1 4 I' 6. DISTRICT shall obtain from CITY's Director of Public Works approval 5 of all change orders pertaining to construction items for which CITY is financially j; i` responsible; approval shall not be unreasonably withheld. 6 + li !°7 7. CITY shall make monthly progress payments to DISTRICT based upon^ . submittal of invoices. i� !i 8. DISTRICT shall provide a final accounting to CI'l-Y on PROJECT 9 I P 9 wi.hin i� 10 �i 180 days of final payment to contractor. 11 I; IX. TERM 12 This Agreement shall become effective immediately upon execution. X. HOLD HAR. MESS 13 14 I; CITY agrees to indemnify and hold DISTRICT harmless from any loss I� liability, claim, suit or judgment resulting from work or acts done or omitted.by 15 ;i CITY .in carrying out this Agreement. DISTRICT agrees to indemnify and hold CITY 161 17 �1 harmless from any loss, liability, claim, suit or judgment resulting from work or 18 acts done or omitted by DISTRICT in carrying out this Agreement. These provisions 19 are included in accordance with Government Code Section 895.4 and are applicable to 20 all parties hereto. 21 XI. MODIFICATION 22 This Agreement may be modified, altered, amended, or revoked provided that a 231I a written instrument containing such modifications, alterations, amendments, or 1 2411 revocations be executed by the parties hereto. 25I XII. NOTICES 26 j Notices or other communications which may be required or provided under the ! terms of this agreement shall be given as follows: 27 28 i 1 -6- II. Agreement No. D85-144 1 NOTICES TO DISTRICT AND EMA 2 DIRECTOR, Orange County Environmental Management Agency, P.O. Box 4048, Santa i 3 I Ana, California, 92702-4048 ..(Attention: Parks and Recreation) . 4 ; NOTICES TO SUNSET HARBOR PATROL BUREAU r 5 ; Harbor Master, Sheriff-Coroner Harbor Patrol Bureau, 1901 Bayside Drive, i Newport Beach, California, 92662. 6 j _ . 7 NOTICES TO CITY Ii 8ii Director of Community Services, City of Huntington Beach, 2000 Main Street, 9 'I Huntington Beach, California, 92648. 10 XIII. GENERAL ADMINISTRATION, OPERATIONS, STANDARDS, AND PROCEDURES I� 11 �1 A. As general operating procedures must be constantly updated for maximum. I 12 !` efficiency, such operating procedures are shown in the attached Appendix "A. " By mutual consent, the administrators of the affected operating agencies hereby 13 j; 141; designated as COUNTY's Harbor Patrol Bureau Harbor Master and CITY's Chief of l 15li Police, may modify specific operating procedures and standards outlined in the i 16 i attached Appendix.. The affected administrators have the authorization to carry out 17 1 this Agreement so long as they are in accordance with the intent of the Agreement. 18 B. The Appendix shall not be considered a part of this Agreement, as it is 19 subject to 'administrative modifications. 20 21 22 23 24 25 26 27 28 -7- Agreement No. D85-14 1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day 2 and year first hereinabove written. 3 Dated: DEC 3 t§ , 1985 DISTRICT 5 By SIGNED AND CERTIFIED THAT A COPY OF "DIST 1ACT" 6 THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD 7 LINDA D. ROBERTS OE C 1985 9 Clerk of the Board of Supervisors, acting as Governing Board of the 10 Harbors, Beaches and Parks District 11 APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL 12 13 John R. Griset, Deputy 14 15 Dated: `,� r 1985 CITY OF HUNTINGTON BEACH a Municipal Corporation 16 17 By ` MAYOR 18 19 ATTEST: 20 CITY CLERK 21 22 23 24 25 26 27 28 RW:khPRO02-6 -8- 8/22/85 APPENDIX "A" I. LAW ENFORCEMENT - OBJECTIVES SHPB 1. To respond fully sworn and trained Harbor Patrol Deputies by boat to arrive at all water-originated (boat or land) law enforcement incidences in Huntington Harbour within five (5) minutes of notification in 80% of all cases and within ten (10) minutes of all others. SHPB, CITY 2. To continuously provide and operate communications receiving and transmitting equipment as follows: a. . two lines of telephone b. one channel of radio frequency (45.92) SHPB, CITY 3. To enforce all laws as prescribed in the Agreement. 4. To perform and report all incidents and activities as prescribed in Agreement.. SHPB 5. General administration, operations, standards and procedures A. SHPB will hold all found and unclaimed items for twenty (20) calendar days. At the end of this period, CITY police department will remove such property to CITY facilities, where it will be held for identification or auction. When items are picked up from SHPB by CITY, CITY shall provide an itemized receipt. Upon the disposal of unclaimed vessels, CITY will pay Attachment to Agreement Paqe 1 of 4 DISTRICT a towing fee as established by the Board of Supervisors of County. In addition, CITY will pay DISTRICT the rate established by the County Auditor- Controller for vessel storage when SHPB stores such vessels after notifying CITY of availability of vessel for pickup by CITY. B. Special event permits for water-oriented activity will be administered by the Sheriff, with the understanding that any such activity that may affect land area adjacent to the navigable waters of Huntington Harbour may require a permit administered by CITY. Both parties to this agreement agree to immediately provide copies of said permit to the other party. CITY 6. To respond by land vehicle, one and preferably two, sworn police officers and arrive at the closest land boarding point to all water-oriented (boat and land) law enforcement incidents within five (5) minutes of 80% of all cases and ten (10) minutes of all others. II. FIRE PROTECTION AM MEDICAL AID - OBJECTIVES SHPB 1. To respond with one, and preferably two, fully trained firefighting and emergency first aid personnel (preferably EMT-1) by boat and arrive at all water- oriented boat or structure fires or medical aid incidents within five (5) minutes of notification in 80% of all incidents and within ten (10) minutes of all others. CITY 2. To respond a standard fire department assignment by land arrive at the closest land boarding point to all water-oriented (boat or structure) firefighting or medical aid incidents within five (5) minutes of notification in 90% of all incidents and ten (10) minutes in all others. Attachment to Agreement Paqe 2 of 4 SHPB 3. To continuously provide and operate boat communications receiving and transmitting equipment as follows: a. one channel of radio (frequency 45.06) b. one channel of radio (46.42-future) c. one channel of radio (46.2A) SHPB 4. To monitor land-base communications equipment as follows: a. one fire vocal alarm b. one fire radio (quick call) c. one fire telephone CITY 5. To provide for the following communications equipment at the DISTRICT . facility in Sunset Aquatic Park: a. on vocal alarm b. one quick call fire radio c. one fire telephone d._ one fire alarm/police call box SHPB 6. To maintain and operate a fire boat with standard equipment as provided by DISTRICT. Attachment to Agreement Page 3 of 4 DISTRICT, CITY 7. To follow standard firefighting and medical aid procedures. CITY 8. CITY shall provide firefighting training for all assigned fire boat personnel. 9. To report all incidents and perform all activities as included in the Agreement. RW:rmPRO02-7 Attachment to Agreement n I- inr i Page 4 of 4 REQUE` FOR CITY COUNC►_ ACTION P �� Date September 11, 1985 Submitted to: _Honorable Mayor and City Council Submitted by: Charles Thompson, City Adminis ato 'Prepared by: Paul E. Cook, Director of Public Works Agreement Between the City and the County of Orange rig Subject: Responsibilities for Administration, Mainte of Huntington Harbour Waterways Consistent with Council Policy? [A Yes ( ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: ��}3 Statement of Issue: A revised agreement between the City and the County of Orange has been prepared, to (1) provide for ongoing debris removal contribution by the County; (2) provide for dredging of main channel by County; (3) assign responsibility of maintaining of channel depths in side channels to the City; (4) provide for side channel dredging by the County on cost reimbursable basis, and; (5) incorporate language clarification and modifications that recognizes assignments of Harbor Patrol function to County's Sheriff-Coroner. Recommended Action: Approve the attached agreement between the City and the County of Orange. Analysis: The City and the County of Orange currently have an agreement that covers responsi- bilities for administration, operation and maintenance of waterways in Huntington Harbour. This agreement needs to be revised in order to accomplish the following: 1. Provide for an annual 50% contribution by the County toward the costs of debris removal in these waterways. The current agreement has had to be amended each year to cover this contribution. Because there was no contri- bution by the County for this purpose in the 1984-85 fiscal year, they have agreed to contribute 100% of the costs for 1985-86. Thereafter, they will contribute 50% of the costs of debris ramval. 2. Provide for the County to do maintenance dredging of the entire length of the Main-Channel at their expense. 3. Assign responsibility of maintaining the side channels at proper depths to the City. 4. Provide for side channel dredging as necessary to be done by the County on a cost reimbursable basis by the City. 5. Incorporate language that clarifies the responsibilities of .the County Sheriff, the City Police Department and City Lifeguards within Huntington Harbour. Funding Source: The City's share of costs is included annually within the Department of Community Services budget. Alternative Actions: 1. Do notapprove the agreement. 2. Negotiate other amendments to the existing agreement. PIO 4/84 %53 NTY O F MURRAY STORM DIRECTOR,EMA 2 12 CIVIC CENTER PLAZA RANG E SANTA ANA,CALIFORNIA MAILING ADDRESS: P.O.BOX 4048 SANTA ANA,CA 92702-4048 TELEPHONE: ENVIRONMENTAL MANAGEMENT AGENCY (714)834-2306 FILE AUG 2 9 1985 Mr. Charles Thompson, City Manager City of Huntington Beach 200 Main Street Huntington Beach, CA 92648 Dear Mr. Thompson: Submitted for City Council approval is rewrite of December 17, 1974 agreement between City of Huntington Beach and Orange County Harbors, Beaches and Parks District. Agreement has been rewritten to (1) provide for ongoing debris removal contribution by HBPD, (2) provide for dredging of main channel by HBPD, (3) assign responsibility of maintaining of channel depths in side channels to CITY, (4) provide for side channel dredging by HBPD on cost reimbursable basis, and (5) incorporate language clarification and modifications that recognizes assignments of Harbor Patrol function to County's Sheriff-Coroner. Preparation of Agreement has been coordinated through Mr. Paul Cook and Bob Wingard, EMA/Parks and Recreation (834-3808) . Upon execution of Agreement by City please return to this office four copies of the Agreement for our submittal to the Board of Supervisors. The fifth copy is for your records. Upon approval of the Agreement a fully confirmed copy will be sent to you. Very truly yours, M. Storm Director, EMA RFW:1tPRL01-31 8/27/85 Attachments: Authorized Minute Order Agreement (5 copies) cc: Supervisor Wieder v- �O`' �' J MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA February 13, 1985 REPROGRAPHICS BILLING RATE: On motion by Supervisor Wieder, seconded by Supervisor Nestande, a billing rate of $26.95 for graphic services administration was established, to become effective immediately for use by the Reprographics Internal Service FUBU 2971, as recommended by GSA/Reprographics and Records Division. MOTION UNANIMOUSLY CARRIED. ADDENDUM NO. 1 -- EOLSA. CHICA CHANNEL (FACILITY CO2.) EDINGER AVENUE TO RANCHO ROAD: On motion by Supervisor Wieder, seconded by Supervisor Nestande, Addendum No. F.to flans and Special Provisions which includes revisions for the construction of rock slope protection at the confluence with the Anaheim-Barber City Channel , was approved, as recommended by EMA. MOTION UNANIMOUSLY CARRIED. f✓ SUNSET HARBOR, DREDGING AND DEBRIS REMOVAL: On motion by Supervisor Wieder, seconded by Supervisor Nestande, EMA was authorized to negotiate an agreement with the City of Huntington Beach for (1) EMA to dredge City of Huntington Beach's Christiana Bay on cost reimbursable basis, and (2) for long-term dredging and debris removal within Sunset Harbor, , as reouested by City. MOTION UNANIMOUSLY CARRIED. PLAQUE -- FISH AND GAME COMMISSION: On motion by Supervisor Wieder, seconded by Supervisor Nestande, EMA, on beha f of the County Fish and Game Commission, was authorized to purchase a plaque to be presented to recently retired State Fish and Game Department Warden Chet Gall for his many years of dedicated service, benefitting Orange Countv's Fish and Game resources. MOTION UNANIMOUSLY CARRIED. PREPARATION OF PLANS AND SPECIFICATIONS FOR RONALD W. CASPERS WILDERNESS PARK, RESTROOM: On motion by Supervisor Wieder, seconded by Supervisor Nestande, EMA was authorized to prepare plans and specifications for a restroom in the Ronald W. Caspers Wilderness Park, to provide public restroom conveniences along the Caspers/O'Neill Reaional Riding and Hiking Trail , increasing the recreational utility of the hike-in camping area. MOTION UNANIMOUSLY CARRIED. RECEIVED MAR 14 1985 .A 5 F1013.2.3 112176)