REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Scott M. Haberle, Fire Chief
PREPARED BY: Kevin Justen, Senior Management Analyst
Subject:
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Consider the Harbour Commission’s recommendation regarding proposed changes to Code of Federal Regulations affecting public navigation through Anaheim Bay
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Statement of Issue:
Naval Weapons Station Seal Beach has requested input on proposed changes to Section 334.930 of the Code of Federal Regulations (CFR), which affects vessel and watercraft traffic in the public navigation channel through Anaheim Bay. The Harbour Commission evaluated the draft revised CFR and at its August 24, 2023 meeting voted to recommend that the City Council also consider concurring with the proposed changes, with an amendment that would specify that only vessels with California Boat/Vessel Registration be allowed to transit through this area.
Financial Impact:
Not Applicable
Recommended Action:
recommendation
A) As recommended by the Harbour Commission, provide input to Naval Weapons Seal Beach regarding proposed changes to CFR Section 334.930, indicating that the City concurs with the proposed changes, with an amendment specifying that only vessels with California Boat/Vessel Registration be allowed to transit through the Anaheim Bay public navigation channel; and,
B) Authorize the Mayor to submit a letter to the Commanding Officer of Naval Weapons Station Seal Beach specifying that the City concurs with the proposed CFR changes with the recommended amendment.
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Alternative Action(s):
Do not provide input regarding the proposed CFR changes and provide alternative direction.
Analysis:
The Naval Weapons Station Seal Beach (NWSSB) ammunition pier construction project rerouted and redesigned the public navigation channel through Anaheim Bay. This provides an opportunity to change Section 334.930 of the CFR. The NWSSB Commanding Officer requested input from the City of Huntington Beach regarding the proposed changes, which pertain to the use of vessels and watercraft in the public navigation channel. Specifically, paragraph 3 of the CFR delineates the vessels and watercraft authorized to transit through Anaheim Bay via the public navigation channel.
At its August 24, 2023 meeting, the Harbour Commission evaluated the proposed CFR changes. In doing so, they solicited input from the OC Sheriff Harbor Patrol and performed analysis of Huntington Beach Fire Department Marine Safety incident and rescue data. Following this, they made a motion to recommend that the City Council concur with the changes, with the following revisions to paragraph 3 (shown in bold):
(3) Only vessels under power, with a current California Boat/Vessel Registration, are authorized to transit through Anaheim Bay within the limits of the marked public navigation channel adjacent to the East Jetty. Vessels under sail, kayaks, canoes, rowboats, paddleboards, hydrofoil boards, kite boards, wind surfers, sailboards, recreational swimming or any other activity involving persons in the water are prohibited.
The Harbour Commission’s report is included as Attachment 1. It provides detailed analysis of the issues related to the CFR revisions, the original CFR language and a draft letter for the Mayor to submit to Captain Jessica O’Brien, Commanding Officer of NWSSB.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Harbour Commission Recommendation Regarding Proposed CFR Changes Impacting Anaheim Bay
2. PowerPoint Presentation Proposed CFR Changes for Anaheim Bay