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HomeMy WebLinkAboutStudy Session – Presentation by the Public Works Department Su City Huntington Harbour Waterways Committee Summary Report March 2004 Debbie Cook, Chair Dave Sullivan Cathy Green S� vd .� Sys; , .. _ Table of Contents Page I. Introduction and Background 3 a. Implications of the Clean Water Act 3 b. Specific Harbour Issues 3 II. Fact Finding, Research and Findings 6 a. Water Quality 6 b. Dredging 7 c. Waterborne Trash and Debris Collection 10 d. Liveaboard Restrictions 10 e. Pierhead Line Issues 11 III. Summary 12 IV. Attachments • Solutions/Recommendation Matrix • Newport Beach's Policy of Pierhead Lines z Introduction and Background Implications of the Clean Water Act Growing public awareness and concern for controlling water pollution led to enactment of the Federal Water Pollution Control Act Amendments of 1972. As amended in 1977, this law became commonly known as the Clean Water Act. The Act established the basic structure for regulating discharges of pollutants into the waters of the United States. It gave EPA the authority to implement pollution control programs such as setting wastewater standards for industry. The Clean Water Act also continued requirements to set water quality stan- dards for all contaminants in surface waters. The Act made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions. It also recognized the need for planning to address the critical problems posed by non-point source pollution. Two primary federal statutes establish a framework in California for addressing non-point source water pollution (NPS): Section 319 of the Clean Water Act (CWA) of 1987 and Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990. Together these statutes encourage the state to assess water quality problems associated with non-point source pollution and to de- velop programs to address these challenging problems. U.S. EPA oversees these non-point source programs and provides funding to the State of California for program implementation. Under the authority of the California Environmental Protection Agency, the Santa Ana Regional Water Quality Control Board (Region 8) oversees water quality initiatives in the Anaheim Bay, Huntington Harbour, Bolsa Chica Water- shed Management Area. Because of location of The City of Huntington Beach, the Clean Water Act carries potentially significant consequences to the City. Specific Harbour Issues In addition to water quality, other issues have recently garnered attention in Huntington Harbour. These issues include: 1. Dredging 2. Trash and debris collection 3. Liveaboard restrictions 4. Pier head line issues In the Fall of 2002, City staff were directed to develop approaches and funding sources to address water quality and Harbour specific issues. On October 23, 3 2002, City staff conducted a public information meeting to gather input from City residents regarding potential actions. On November 6, 2002, the Hunting- ton Beach City Council was given a staff presentation on Clean Water Act re- quirements, pier head line enforcement, dredging, and code enforcement in Huntington Harbour. In addition, a recommendation was considered to hire a consultant to do a study that would be used to establish a boat permit fee for all vessels using Huntington Harbour. This action was in response to the need to raise revenue to address issues in the Harbour related to implementing Clean Water Act requirements, resolving the pier head line enforcement com- plaints of residents and boat owners, implementing an ongoing dredging pro- gram, and increasing code enforcement in the Harbour to address liveaboards, illegal docks, derelict vessels and non-permitted structures on docks or bulk- heads. Based on public interest in the topic, the November 61h council meeting was attended by an overflow crowd of City residents. The presentation to Council on these issues raised important questions, includ- ing but not limited to, cost, funding, fairness, liability, maintenance of property values, logistics of enforcement, and implementation options. At the conclu- sion of the Council meeting, Council established a Huntington Harbour Water- ways Committee and assigned Councilmember Cook as chair, with Council- member's Green and Sullivan as committee members. Staff was directed to invite all of the Harbour homeowner associations, marina operators, and County & State government agencies to send a representative to the commit- tee meetings so that the committee could gather public input from Harbour users and residents as well as the various government regulatory agencies overseeing activities in the Harbour. Council also put on hold the hiring of a consultant to study a possible boat fee until the committee could prepare a report outlining all of the issues associated with clean water requirements, pier head line enforcement, dredging, and code enforcement in Huntington Harbour. On February 4, 2003, the committee began meeting to gather facts in respect to the matters raised by these issues, and to develop possible solutions and recommendations on how the City should proceed in this area. On March 2, 2004 the committee finalized their recommendations and solutions and will be presenting them to the City Council in May 2004. Following is a list of the per- sons and agencies represented at the HHWC meetings: Aime Clement Westchester Bay Seagate Homeowners Ass. alt Axel Robert Trinidad Island Batistelli Richard Huntin ton Harbour Property Owners Assn. Brown Garry Orange County Coastkee er Buchanan Greg Harbour Rod & Reel Club Buehn David Huntington Harbour Yacht Club Burroughs, Steve Christiana Bay Townhouses 4 Courtway, Mike Seagate Yacht Club DeHeus Mike Du Monceau de Ber- Orange County Harbor Patrol endal Janet Gannaway, Jo Sea Harbour Homeowner's Assn. Hiemstra Ray Huntington Beach Environmental Review Board Hetzler Paula Huntington Harbour Property Owner's Assn. Higgins, Frank Portofino Cove Patio Homes Hone bourne Larry Orange County Health Care Agency In lee Phil Trinidad Island Lee Gregory Westchester Bay Seagate Homeowner's Assn. Mandic Connie Huntington Harbour Property Owners Mazur Monica County of Orange McGee Allen Trinidad Island Homeowners Assn. McKenney, Larry County of Orange McKnew, Jr. Thomas HHYC Board; Seagate Yacht Club Morrison Adrianne Bolsa Chica Conservancy Pendleton Nat Sea ate Yacht Club Rosen Joe Tennis Estates Seaton Scott Peter's Landing Marina Shaffer Jim Silver Jeff Huntington Harbour Yacht Club Skor anich Maryanne County of Orange Smith Wanda Santa Ana Regional Water Quality Control Board Sn der Ed Huntington Marina Home Owners Assn. Theisen Ken Santa Ana Regional Water Quality Control Board Thorne Ralph Mainland Waterfront Ulrich John Staff support to the committee included: Cook Debbie Chair Huntington Beach City Council Fuentes Mike Code Enforcement Green Cathy Huntington Beach City Council Green Jo ce Administrative Assistant Ha an Ron Special Projects Manager retired Lindo Kyle Marine Safety Chief Community Services Lucas Geraldine Environmental Engineer, Public Works Neishi, Larry Beach Maintenance Supervisor, Community Services Robinson Cheryl Administrative Assistant Sullivan Dave Huntington Beach City Council Sutton Sarah Deputy City Attorney Von Holle, John Engineering Technician Public Works Webb, David City Engineer 5 • • Z Ila Bill I Planning Department The committee met twice a month with a winter break, took a field trip, col- lected and analyzed data, researched the operations of other pleasure craft harbors, heard presentations from government agencies, developed enforce- ment options, received input from the homeowners associations, yacht clubs, angling clubs and businesses in the Harbour, studied options on implementa- tion and logistics, researched funding options, and developed potential solu- tions and recommendations for Council consideration. Although the preliminary report has been completed, the committee feels that the recommendations would require the committee to remain in existence to further follow up, study and recommend specifics, and oversee the implemen- tation of the recommendations if Council accepts the recommendations in the report. Fact Finding, Research and Findings Water Quality The Committee spent numerous meetings hearing presentations and discussing the issues associated with the Clean Water Act and AB411 (water quality stan- dards). While there are numerous causes for water pollution in the Harbour, a significant portion of the pollutant loading in the Harbour comes from inland urban runoff sources. The three flood control channels and 129 storm drains that empty into the Harbour may carry a number of possible pollutants, includ- ing but not limited to motor oil, soaps, detergents, antifreeze, paint residue, trash, debris, fertilizers, pesticides, silt, and sediment. The Committee felt that the City's number one priority for addressing clean water in the Harbour should be addressing polluted urban runoff. Before engaging upstream sources, the committee felt that clean up needs to begin "at home". Huntington Beach needs to lead the way in clean-up efforts if it expects inland cities to follow suit. The Committee felt that education and implementation of Best Management Practices; increased reporting, investiga- tion, and enforcement of possible Harbour pollution generating activities; and pursuing treatment and/or diversion systems were some of the ways to begin addressing water quality in the Harbour. The committee did receive presentations and discussed pollution caused by liveaboards, illegal vessel discharges and improper boat maintenance. While the committee felt that these issues represented a small percentage of the overall Harbour pollution problem, the City needs to resolve them to show that it is doing everything it can to address all sources of pollution in the Harbour. Several opportunities to make visible improvements were identified including: 6 1. Improving waterborn trash and debris collection 2. Revising and enhancing existing liveaboard ordinances 3. Additional (and improved maintenance monitoring) of vessel sewage pumpout facilities 4. Improved public awareness programs A number of agencies and Harbour related organizations can be leveraged to aid in reaching the City's clean water goals. The Orange County Sheriff's Harbor Patrol, the City's Environmental Board and the Harbour Homeowner's Associations could take the lead in the various Best Management Practices education programs in teaching both residents and boaters the environmen- tally friendly manner for maintaining property and boats and for properly dis- posing of waste, trash, and debris. The committee felt that the City needs to step up its administrative efforts in working with the county and state agencies to address the clean water issues on a regional basis. The committee was supportive of the Regional Water Quality Control Board's preliminary findings that additional pump-out facilities with increased oversight are necessary in the Harbour, however, concerns where raised. Committee support for the findings will be contingent on a fair an equitable means to upgrade, monitor, and in- spect existing pumpout facilities and install new pump-out facilities at appro- priate locations in the Harbour. Dredging Because of the costs involved, dredging presents one of the most daunting challenges facing the City and its residents. Huntington Harbour is subject to silting from a variety of sources including local (City) runoff, Harbour sand replenishment efforts (currently suspended) and upstream runoff (particularly significant during storm events). The pictures shown on the following page show how the Harbour can be impacted by upstream sources during storm events. 7 ._ - ' s� •��.. YTS..' � �,_ .� i 'tee lee .i wuld " f � Research revealed that few other West Coast harbors are as exclusively resi- dential as Huntington Harbour. Most are administered by County Agencies (Dana Point, Oceanside) or Port Authorities (San Diego, Long Beach, Los Ange- les). The Army Corps of Engineers (ACOE) retains jurisdiction over all coastal navigable (or potentially navigable) waters and is responsible for dredging maintenance to promote commerce. However, unlike Newport Beach which can demonstrate commercial activity necessary to attract ACOE funds, Huntington Harbour remains "commercially challenged". Elsewhere, other cities that oper- ate pleasure craft harbors had either established an assessment district (for example Punta Gorda, Florida) to pay for dredging, seawall maintenance and enforcement, or they had extensive commercial and/or marina leases that generated sufficient cash flow to address these issues. Some of the larger harbors are operated by a port authority established by their governing body as an enterprise fund. Huntington Harbour has neither an assessment district nor public commercial space or marina to generate revenue for enforcement or dredging. The City, County, and ACOE each have designated areas of the Harbour for which they are responsible for dredging. In 1988, the three agencies jointly funded dredging of the main channel from Warner Avenue to Pacific Coast Highway, Christiana Bay, and Sunset Channel. When the County began plan- ning to dredge the channels in its areas of responsibility in 1997, the City chose not to participate in a joint effort. In 1999 when the County dredging operations were set to begin, the City requested participation but could not be covered by regulatory permits already issued. The need for dredging is caused by the buildup of silt from a number of sources, including the Wintersburg, Heil, and Edinger Flood Control Channels urban runoff, local stormdrain urban runoff flows, local beach erosion, and the Bolsa Chica Ecological Reserve. Currently, there are insufficient diversion systems, traps or catch mechanisms to filter and remove silt and other debris from these channels. Another probable cause is the erosion of beaches within the Harbour where the City participates in sand replenishment programs. As tidal action removes sand from the beaches, the City replenishes it to insure access to the public beaches. Because of the tidal change, the replenishment sand ends up in the center of the channels, the lowest point. In 2000, the City completed a study in the Harbour regarding the need for dredging, and found that ten channels containing 34,097 cubic yards of silt needed to be dredged. The City did not proceed with the dredging due to lack of funding. Any future dredging program will require a new study, as the 2000 study is now out of date and no longer accurate. City representatives have toured the Harbour with representatives of the State Lands Commission, ALOE, and the Director of Boating and Waterways. The 9 City has tried several approaches to qualify Huntington Harbour for various state and federal grants. However, funding at all levels of government for dredging and prevention programs has decreased and priority is given to harbors that are vital to national defense or economic viability of the area. Pleasure craft harbors are very low on the priority list for grant funding. While residents and visitors heavily use Huntington Harbour, the number of boat launches, the size of the waterways, etc. make the Harbour ineligible for most grant programs. The City is still pursuing both state and federal grants for the repair and/or replacement of City-operated docks, launching facilities, and pumpout stations, but the City has been unsuccessful in qualifying Huntington Harbour for any grants that would address the need for dredging and enforce- ment. Dredging takes on a special urgency due to protected species of Eel Grass found in the Harbour. As silting occurs decreasing Harbour depths, eel grass colonies establish themselves. Once established, removal becomes far more involved and in certain cases, prohibited altogether. As the dredging issues goes un-addressed, the problem grows larger. Waterborne Trash and Debris Collection The City and County contract for collection and disposal of waterborne trash and debris. The existing contract has been in place for nearly 15 years and in- cludes weekly collection of waterborn trash and debris. There are no special provisions in the existing contract for responses to storm events such as those depicted in the previous photographs. Council Members have authorized formation of a subcommittee to focus on this issue. The subcommittee has met and begun formulating revisions to the Request For Proposals (RFP) to be used to bid the now expired trash debris collection contract. This contract is also being examined as a possible vehicle for conducting maintenance and condition inspections for existing and (soon to be added) new vessel pump-out stations. Liveaboard Restrictions Huntington Beach currently maintains an ordinance forbidding living aboard a boat in Huntington Harbour. Curiously, Seal Beach/Surfside permit living aboard (Peter's Landing Marina) as does the County of Orange (Sunset Aquatic Marina). In fact, Peter's Landing straddles the City boundary so in one half of the marina, liveaboards are permitted while in the other half, they are not. Several problems arise from the current situation. First, enforcement of the City's prohibition is problematic. The definition of liveaboard contained in the 10 ordinance makes it nearly impossible to enforce. Second, the City is burdened with the entire enforcement effort which, during times of limited resources, is impractical. As a consequence, a population of "sneek-aboards" exists in Hunt- ington Harbour totally unregulated, thereby possibly contributing to water quality and other Harbour issues. The Committee has established a subcommittee to examine, evaluate and prepare recommendations for revisions to the City's ordinance aimed at better management of liveaboards. Initial meetings have taken place where Best Management Practices have been identified, methods for engaging marina management in the issue are being developed and review of conditions whereby a truly enforceable ordinance would be possible. Recommendations should be available by the Committee's March meeting. Pierhead Line Issues (PHLs) The Army Corps of Engineers established PHLs in Huntington Harbour to promote public safety and to maintain navigational requirements. Huntington Beach ordinance forbids encroachment except where permitted by the City. The City Attorney's office has advised that the City does not currently have authorization from the Army Corps of Engineers and Coastal Commission to issue such permits. Although the City Council has adopted resolutions to alter the PHL on the Main State Channel, they have not issued permits or resolutions authorizing extensions within any other Harbour locations. It is estimated that approximately 3% of docks or structures and 35% of boats currently exceed the PHLs. The City Attorney's office has indicated that all water beyond the PHLs are public right-of-ways and, therefore, protection for all public uses, including swimming, kayaking and fishing, should be considered when contem- plating extensions. The Orange County Sheriff's Harbor Patrol has been the primary enforcement agency, historically relying on other bodies of law to take action in response to vessels or structures posing a threat to public safety or hindrance to naviga- tion. As a result, enforcement is currently only taken on incidents or situations that pose a threat to public safety. The Committee has taken considerable time collecting input from the boating community, Harbour residents, examining practices in other cities and discussing alternatives and options. The PHL issue has two components. The first surrounds docks and structures that extend beyond the PHL, the second addresses vessels. The committee studied vacating or changing the PHL. After discussing these options with the various agencies, the committee was convinced that such actions would be costly, time consuming, and have very little chance of success. While the committee decided that the PHL needs to remain as is, it was noted by the committee that the City currently does not have one central database in which 11 PHL complaints are logged, instead they are received by a several different departments in different manners, therefore it is unknown exactly how many complaints have been received. The Committee reviewed the City of Newport Beach's policy on PHL issues and found a formal and documented practice used to manage harbor related issues. (see Attachment 2). Generally, Newport Beach forbids the incursion of any docks or other structures bayward beyond the PHL. Vessels are restricted from tying to any dock or structure such that the vessel extends bayward beyond the dock by a distance equal to the beam (width) of the vessel. Fur- ther, certain areas of Newport Beach are restricted further where the practice described above poses a threat to public safety or navigation. However, ac- cording to Newport Beach staff, the waterways are under the jurisdication of the ACOE and all permits to construct are approved by the Corps and Coastal Commission. There was much discussion regarding the City's potential liability for not enforcing PHL violations, however, the City Attorney's Office representative indicated that unless the situation is a threat to public safety, the responsible party for the violation would more than likely be held liable for any legal claims. Based on the research and discussions that took place the committee is rec- ommending the City's existing Pierhead Line Municipal Code section (HBMC Section 13.16,080) be modified to prohibit any owner, operator or person in command of any vessel from tying-up or mooring in a manner that creates a navigational hazard or dangerous condition as determined by the Orange County Harbor Patrol. It is recommended the code also prohibit any pylon, dock, float or other structure to be placed, or be allowed to extend beyond the pierhead line. Summary All residents, visitors and boaters using Huntington Harbour benefit from programs aimed at maintaining the Harbour. There is indirect benefit to all property owners in the Harbour in the form of increased property values, City residents benefit from four public beaches, three public docks, boat launching facilities, and several water access points for the public which draw swimmers, boating, sailing, kayaking, and other water craft sports enthusiasts throughout the City and the Southern California area. One of the biggest concerns of the committee is that any solutions and rec- ommendations that Council approves should be politically feasible and have the 12 support of Harbour residents and the boating community. The committee feels that this is especially important with regard to any recommendations that would establish new taxes or fees. Therefore, all of the recommendations need further work by the committee to address the education of the residents and Harbour boating community. Any action that is taken to resolve issues in the Harbour needs to be jointly done by residents and Harbour users. The success of the Harbour improvement activities will take the support of Harbour home owner associations, marine operators, commercial businesses, and residents to make the recommendations successful. Educational efforts are a key compo- nent of all actions related to water quality, code enforcement, pierhead line enforcement, and dredging. Anyone who is not part of the solution will proba- bly be part of the problem. In conclusion, the Committee is presenting its recommendations for Council consideration and approval, and is also recommending that the ad hoc status of the committee be changed to ongoing on an as needed basis until such time as all of the issues, solutions, and recommendations have been implemented or addressed. 13 HUNTINGTON HARBOUR WATERWAYS CITY COUNCIL SUBCOMMITTEE CHAIRPERSON, COOK; MEMBERS SULLIVAN &, GREEN Final Committee Document approved 3/22/04 Status column and editing changes inserted by staff 6/21/04 ISSUE SOLUTIONS/RECOMMENDATIONS STATUS* Water Quality: 1) PLU-Sue funding from federal, state and other sources Enhancements Driving Principles and work with County on long-germ plans to obtain Needed funding from inland cities for various water quality • Clean Water Act projects and activities. compliance 2) Determine legality of using current Sewer User Fee for New • • Flood control channel water quality mitigation efforts. effluent 3) Study feasibility of establishing a citywide Clean Water New • Local storm drain Urban Runoff Fee for City Council consideration to effluent enable the City of Huntington Beach to comply with • Boating, residential & mandates of the Clean Water Act and other commercial actieitV discretionary grater quality projects. • Compliance w/ AB 41 1 4) Support a fair and equitable means to upgrade, New Standards monitor, and inspect existing pumpout facilities and Use & Education of install new pumpout facilities at appropriate locations • in the Harbour. Best Management 5) Seek boating and watcru-ay grants to mlplemcnt New Practices for Boaters, Llhgracles and install ne`,V punlpouL stations at Residents and loc loons required by the State Water Quality Control 131-Istncsscs Establish Regional Board, and others is appropl iate. • b 6) Ev iluate CSLablilhln« Ll new Hunting*ton Flarbour New Leadership Role Property Assessment District (similar to sewage district:) • listed t ed oil I303 (d r prorated based on a proportionate share of Huntington listed on the 303 (d) list Hal hour's contribution to the cost of dealing with water for Impaired quality issues. Waterbodics 7) Request that the Orange County Harbor Patrol enforce Enhancements • Significant post-storm clean water regulations, including illegal damping from Needed accunullation of trash boats and/or clocks, and reporting large debris to & debris Harbour maintenance contractor. *Status Catceorics: 57 � S � q�l�� ��jyr�1-y��� a/ALL O I1g0111�� — SOI Lit ion/Rccoill illcnckin oil being implenmited. RECEIVED FROM AND MADE A PART OF THE RECORD AT THE Lnhancenicnts NCCdC l — Solution/kcaunmrnchmon bring partially implcnlcntrd; rcquircS additional resources. COUNCIL MEETING OF co— 1_a Nem— Sol Lit ion/Ilcamuncndali On rcquires new resources: no actiViIV undcnVtly. OFFICE OF THE CITY CLERK 'CITY CLERK F/yn 12 HUNTINGTON HARBOUR WATERWAYS CITY COUNCIL SUBCOMMITTEE CHAIRPERSON, COOK; MEMBERS SULLIVAN & GREEN Final Committee Document approved 3/22/04 Status column and CCliLilig Chan gCs insertCd by staff 6/21/04 ISSUE SOLUTIONS/RECOMMENDATIONS STATUS* Water Quality: 8) Continue to pursue funding opportunities and "natural Ongoing (Continued) trcat:ment" projects for flood control channels draining into the 1-Ia1-1)OUr. Work With the County on possibility of enhancing the current Bolsa Chica project on Nay} land to include additional treatment of Edinger Channel runoff. 9) Monitor and maintain trash booms and upgrade, if Enhancements • necessary, to insure they arc being used to maximum Needed effectiveness. 10) PI-oVide public education and outreach to residents and Enhancements businesses on pollution prevention Best Management Neccled Practices that can positively impact the I-Iat-bOul-'S Water quality. Also Work with all homeowner associations and the Chamber of Commerce to promote Best Management Practices in all residential and commercial areas. 1 1 ) Review existing signagC and install new signagc, where Enhancements appropriate, on storm drains and ent-ances into the Needed I larbour, prohibiting clumping of waste nand reminding that storm water discharges to 1-larbour and ocean. 12) Wol-k with County Flood Control District. to research Enhancements • improved teehnolo:y to remove trash and debris from Neecled the channels prior to discharge into the 1-larbour (traps and/or Collection systems). 13) Contiotte working with the County and inland cities to Enhancenacnts increase the amount of maintenance to remove debris Ncedecl in [hc flood control channels prior to the rainy season, during the year, and during non-storm periods. *SMILIS CatcuoriCs_ Ongoing— Sol tit ion/Rccommcndation bring implemented. IlnbanCCmCnIS NCdcd — Solution/RectllmnrndallOn bring purtia 1V. iny)lcmCntrcl; rrqui]CS additional 1'CSOm'CCS. New— Solution/Rccommcndation rcyuircS nrw resour CS: 110 actiVitV underway. HUNTINGI'ON HARBOUR WATERWAYS CITY COUNCIL SUBCOMMI't"fEE CHAIRPERSON, COOK; MEMBERS SULLIVAN &. GREEN Final Committee Document approved 3/22/04 Status column and editing changes inserted by staff 6/2 1 04 ISSUE SOLUTIONS/RECOMMENDATIONS STATUS* Water Quality: 14) Require pumpnut facility owners to provide an New (Continued) emergency telephone number at all pumpnut, facilities so that problems can be reported and responded to within 24 hours. 1 5) CntldUCt frequent inspections of all Harbour Enhancements restaurants and businesses to eliminate illegal Needed • discharges that negatively impact the FlarboUt's Water quality. 16) Support and assist in the development and New implementation of a "Harbour Watch Program", similar to the Neighborhood Watch Program, to encourage citizens to take an active role in water quality and report problems. Provide single point of contact within the City to work With the 1-tarbntlr Watch Program and manage the responses to reported problems and concerns. 17) Support. a program managed by the City Environmental New Roard and residents, to rccognizc 'and reward businesses for excellent environmental performance and compliance. 18) Updatc and award a neu- rind improved contr,�tct for Ongoing Harbour trash and debris collect-ion, With input from a 1-11-IWCCS sub-committee. Explore additional scope of work, contract accountability, pumpout facilit, monitoring and education outreach in the new contract. Establish an on-going contract oversight responsibility with the County and City. *Status CatcLorics: 3 Ongoing — Solution/Rccommenclation heing, implemental. linhancements Nccdcd — Solution/Rcconuncndation bring partially implcm rated: rcquires additional resources. New—Solution/Rccommenclation rcquires new resources: 110 activity' underway. HUNTINGTON FIAR13OUR WATERWAYS CITY COUNCIL SUBCOMMITTEE CHAIRPERSON, COOK; MEMBERS SULLIVAN tL GREEN Final Canunittce Document approved 3/22/04 Status column and editing changes inserted by staff 6/21 /04 ISSUE SOLUTIONS/RECOMMENDATIONS STATUS Dredging: I ) Pursue funding from the Army Corps of Engineers for Ongoing Driving Principles imniccliate dredging needs to ensure continued navigable waters. Combine City and County efforts to • Need for long-term Provide matching funds to qualify for Army Corps of strategy Engineer grants. Immediate dredging 2) Evaluate establishing a new Huntingtn o Harbour Ncw • • needs in 10 areas of Dredging District to assess all property owners within the Harbour. the district a reasonable assessment related to the • Maintenance of City's actual cost fora 10-year dredging cycle program recommended depths (cost. to he related to tile n e percentage of their throughout Harbour responsibilit} for dredging needs). channels. 3) Study the feasibility of the Cite contributing to the Ncxv Dredging District Fund from the City's general taxes to • Defining the causes of account for the recreational benefit that navigable silt build up and waters have for the genera prevent it. l public. developing methods to 4) Explore opportunities with the Navy forjoint dredging New projects. • Determining the 5) PLII"SLIC funding for ch-edging on a County and stawwidc Ongoing financial basis. responsibility for f) Work with State of California to receive a portion of Ncw drcdgn programs. vcs5cl rcgist-ation fees and/or fuel Use nixes allocated • Availability of grants to local agencies for dredging programs. and ratching fUnCIS 7) Identify and prioritise dredging locations subject to New for dredging programs cclgrass mitigation. *Status Catc,orics: 4 Ongoing — Solution/Recommcnclation bcinu, implcincntccl. Gnhoncenunts Nccded — 'Sol tit ion/Rcconuncndat ion being partially intplcmcnteeL rcyuires additional resourccs. Ncw— Sol tit ion/Reconunendat ion rcyuires new resources; 110 activity underway. HUNTINGTON HARBOUR WATERWAYS CITY COUNCIL SUBCOMMITTEE CHAIRPERSON, COOK; MEMBERS SULLIVAN £h GREEN Final Committee Document approved 3/22/04 Status column and editing changes inserted by staff 6/21 /04 ISSUE SOLUTIONS/RECOMMENDATIONS 1 STATUS Liveaboard 1) Establish subcommittee to develop su'atcm -specifying New Restrictions: conditions under which Cite would permit and manage Driving Principles limited liveaboards in designated areas other than private residences. • Ordinance compliance 2) Provide limited stay and use rules for occasional overnight New and enforcement guest use at private residences and other non-marina • Water quality locations (e.g. yacht, angling C1UbS). improvement 3) Engagc all Harbour marina owner/management groups New • and establish accountability for liveaboard oversight and Enforcement funding management. 4) Establish City liveaboard permit fee adequate to fund both New City liveaboard administration and enforcement. • *St.uuS CBtCfl()l'ICS: 5 Ongoing— Solution/Reconuncndation hcin(_� implemCntcd. l3thancements Needed — Sol Lit ion/Recomnund.0 ion h6m, pau'tially iniplenuntcd; rcquireS ❑dditirnml ICSourcCS. \car— Solution/RCCotnmCndation rcxluires new resources; 110 activiu untlCn\ay. HUNI'INGI'ON HARBOUR WATERWAYS CITY COUNCIL SUBCOMMI17EE CHAIRPERSON, COOK; MEMBERS SULLIVAN & GREEN Final Committee Document approvecl 3/22/04 Status column and editing changes inserted by staff 6/21 /04 ISSUE SOLUTIONS/RECOMMENDATIONS STATUS Pierhead Line Enforcement: 1) Modify the existing Pierhead Line Municipal Code section New Driving Principles (HBMC Section 13. 16.080) to capture the concept "No owrier, operator or person to command of any vessel shall • Preservation of public tie-up or moor any vessel in a manner that creates a safety navigational hazard or clangerous condition as determined • Maintaining navigable by the Orange County Harbor Patrol. No pylon, clock, float and safe watcrcvays or other structure shall be placed; or be allowed to extend • Preservation of public beyond Che pierhead line." 2) Track complaints by establishing a central hot line for New access pierhead line violations and problems. • Boating community & 3) Update city maps and publish existing pierhead line maps New Harbour residentinicrest' for all Homeowner Associations and individual residences. • Costs Costs off enforcement 4) For boats extending over adjacent property lines but in Ongoing compliance WiCh pierhead lines, properLV owners should • 1v7ulci-agency be advised to seek resolution via civil action. juriscliction 5) Provide Code Enforcement and other City Departments a New means to conduct enforcement and outreach activities Ptn-Sue obt ining a vessel through grant funds, or request the utilization of the existing COtintY Harbor Patrol vessels. *SIaILIS CaICuill'ICS: 6 Ongoing— Solution/iZCCUnlnlendallOn heil1U implemental. linhunccmcnts Needed — Solution/Reconuncnclation being pMJiAly implcnwnted; requires additional re501ANCS. Ncty— Solution/Recommendation requires nett resourccs: 110 ❑ctivitN' wulerwa�- HUNTINGTON HARBOR WATERWAYS CITY COUNCIL SUBCOMMITTEE \3�o N.CHAIRPERSON, COOK; MEMBERS SULLIVAN 8a GREEN Final 3/22/041� CA ckx"%rn, ISSUE 80MWQWMF9MMENDAT10NS Water Qu 1) Pursue funding from federal, state and other sources.and work with Driving Principles county on long-term plans to obtain funding from ' land cities for various water quality projects and activities. • Clean Water Act 2) Determine legality of using sewage use fee f water quality mitigation Compliance efforts. • Flood Control Channel 3) tudy feasibility of establishing a ci de Clean Water Urban Run-off • Effluent Fee City Council consideration enable the City of Huntington • Local Storm Drain Beach t omply with mandate of the Clean Water Act and other Effluent discretion ater quality ojects. • Boating, Residential 8s 4) Support a fair an uita a means to upgrade, monitor, and inspect Commercial Activity existing pumpout fa es and install new pump-out facilities at • Compliance w/ AB 411 appropriate loca ' s in Harbour. Standards 5) Seek boatin d waterway is to implement upgrades and install • Use & Education of Best new purr ut stations at locatio required by the State Water Management Practices Quali Control Board, and others a ppropriate. for Boaters, Residents, 6) E uate establishing a new Huntingto arbour Property ssessment District (similar to sewage di 'ct) prorated based on a and Businesses proportionate share of Huntington Harbour's ntribution to the cost • Establish Regional of dealing with water quality issues. Leadership Role 7) Request that the Orange County Harbor Patrol en ce clean water • Huntington Harbour regulations, including illegal dumping from boats an or docks, and listed on the 303 (d) list reporting large debris to Harbour maintenance contrac r. for Impaired 8) Continue to pursue funding opportunities and "natural atment" Waterbodies projects for flood control channels draining into the Harbo Work • Significant post- orm with the County on the possibility of enhancing the current lsa accumulation of trash 8a Chica project on Navy land to include additional treatment of Edinger debris Channel runoff. 9) Monitor and maintain trash booms and upgrade if necessary to insure they are being used to maximum effectiveness. 10) Provide public education and outreach to residents and businesses on pollution prevention Best Management Practices that can 1 S-�v�A S�sS ,�. S� ..a 1\ . �obA HUNTINGTON HARBOR WATERWAYS CITY COUNCIL SUBCOMMITTEE, CHAIRPERSON, COOK; MEMBERS SULLIVAN & GREEN Final 3 22 04 ISSUE SOLUTIONS/RECOMMENDATIONS positively impact the Harbour's water quality. Also work with all homeowner associations and the Chamber of Commerce to promote Best Management Practices in all residential and commercial areas. 11) Review existing signage and install new signage, where appropriate, on storm drains and entrances into the Harbour, prohibiting dumping of waste and advising that any discharges drain to Harbour or Ocean. 12) Work with county flood control district to research improved technology to remove trash and debris from the channels prior to • disc`arge into the Harbour ( traps and/or collection systems). 13) Continue working with the County and inland cities to increase the amount of?naintenance to remove debris in the flood control channels prior to the rain�j season, during the year, and non-storm periods. 14) Require pump-out fzcility owners to provide an emergency telephone number at all pump-out fa lities so that problems can be reported and responded to within 24 hours. 15) Conduct frequent inspections of 11,�Iarbour restaurants and businesses to insure that illegal discharges that may negatively impact the Harbour's water quality are el' ninated. 16) Support and assist in the development annplementation of a "Harbour Watch Program", similar to the Neighborhood Watch Program, to encourage citizens to take an active role in water quality and report problems. Provide one point of contact�'Within the City to • work with the Harbour Watch Program and manage Y e responses to reported problems and concerns. 17) Support a program managed by the Environmental Board nd residents to recognize and reward businesses for excellent environmental performance and compliance. 18) Update and award a new and improved contract for the trash an debris collection with input from a HHWCCS sub-committee. Explore including additional scope of work, contract accountability, pump-out facility monitoring, and education outreach in the new contract. Establish an on-going contract oversight responsibility with the County and City. HUNTINGTON HARBOR WATERWAYS CITY COUNCIL SUBCOMMITTEE CHAIRPERSON, COOK; MEMBERS SULLIVAN & GREEN Final 3/22/04 ISSUE SOLUTIONS/RECOMMENDATIONS Dredging: 1) Pursue funding from the Army Corps of Engineers for immediate Driving Principles dredging needs to ensure continued navigable waters. Combine City and County efforts to provide matching funds to qualify for Army • Need for lon`strategy Corps of Engineer grants. • Immediate dredging needs . 2) Evaluate establishing a new Huntington Harbour Dredging District to r • in 10 areas the Harbour. � assess all property owners within the district a reasonable Maintenance assessment related to the City's actual cost for a 10-year dredging • recommended depths cycle program (cost Co be related to the percentage of Choir responsibility for dredging needs). throughout Harbour \ 3) Study the feasibility of the City contributing to the Dredging District • Defining the causes of silt Fund from the Gity's general taxes to account for the recreational benefit that navigable waters have for the general public. build up and developing \ 4) Explore opportunities with the Navy for joint dredging projects. methods to prevent it. 5) Pursue funding for dredging,on a county and statewide basis. • Determining the financial 6) Work with State of California to get a portion of vessel registration responsibility for dredging fees and/or fuel use taxes allocated-to local agencies for dredging programs. programs. • Availability of grants and 7) Identify and prioritize dredging locations subject to ell grass • matching funds for mitigation. dredging programs 3 HONTINGTON HARBOR WATERWAYS CITY COUNCIL SUBCOMMITTEE CHAIRPERSON, COOK; MEMBERS SULLIVAN & GREEN Final 3/22/04 ISSUE SOLUTIONS/RECOMMENDATIONS 1) Establish subcommittee to develop strategy specifying conditions Liveaboard Restrictions' under which City would permit and manage limited liveaboards in Driving Principles designated areas other than private residences. 2) Provide limited stay and use rules for occasional over night guest use Ordinance compliance- nd at private residences and other non-marina locations (i.e. yacht, • • enforcement angling clubs). • Water quality improvement 3) Engage all Harbour marina owner/management groups and • Enforcement funding establish accountability for liveaboard oversight and management. 4)-,,_Establish City liveaboard permit fee adequate to fund both City liveabo\dministration and enforcement. 4 HUNTINGTON I-IAIR1301Z WATERWAYS CITY COUNCIL SUBCOMMITTEE CHAIRPERSON, COOK; MEMBERS SULLIVAN & GREEN Final 3/22/04 ISSUE SOLUTIONS/RECOMMENDATIONS Pierhead Line Enforeement� 1 . Modify the existing Pierhead Line Municipal Code section (I-IBMC Section 13. 16.080) to capture the concept `No owner, operator or person in command of any vessel shall tie- Driving Principles \up or moor any vessel in a manner that creates a navigational hazard or dangerous • • Preservation of Condit\n as determined by the Orange County Harbor Patrol. No pylon, dock, float or public safety other sfru tture shall be placed, or be allowed to extend beyond the pierhead line. Maintaining 2. Track complaints by establishing a central hot line for pierhead line violations and • navigable and problems. safe waterways 3. Update city map\d.publish existing pierhead line maps for all homeowner • Preservation of associations and individual residences. public access 4. For boats extending over adjacent property lines but in compliance with pierhead lines, Boatin property owners should be advised to seek resolution via civil action. • g 5. Provide code enforcement and other city departments a means to conduct enforcement community & and outreach activities "on-water". Pursue obtaining a vessel through grant. funds, or Harbour resident request the utilization of the existing County Harbor Patrol vessels. interests • Costs of enforcement • Multi-agency jurisdiction 5