HomeMy WebLinkAbout16-11-09 Approved Minutes
NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES
City Council Chambers
Wednesday, November 9, 2016
6:30 PM
1) CALL MEETING TO ORDER
The meeting was called to order at 6:32 p.m.
2) ROLL CALL
Commissioners: Paul Blank, Chair
Dave Girling
Bill Kenney
Duncan McIntosh
Joe Stapleton
Brad Avery
Doug West
Staff Members: Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
City Council Liaison: Duffy Duffield
3) PLEDGE OF ALLEGIANCE – Commissioner Avery
4) PUBLIC COMMENTS
Jim Mosher suggested the Harbor Commission's Special Meeting in December be placed on the City's
online calendar. He was fairly sure one of the Harbor Commission's Objectives for 2017 would not be
studying the feasibility of a water taxi as prior studies had concluded it was not practical. At the October
meeting of the Balboa Village Advisory Committee, he learned that the owner of the Tiki Boat was
planning to launch a water taxi service in Newport Harbor in January.
5) APPROVAL OF MINUTES – October 12, 2016 Minutes
Commissioner Girling included "the five docks referenced by Mr. Swift" in his comments under Current
Business, Item 1.
Commissioner Girling moved approval of the Minutes as amended. Commissioner Stapleton seconded
the motion. The motion carried with 6 aye, 0 no and 1 abstaining votes by Commissioner McIntosh.
6) CURRENT BUSINESS
1. Harbor Commission Objectives: Form an Ad Hoc Committee to Propose 2017 Objectives
Every quarter, the Harbor Commission reviews their Objectives with progress updates. Near the
end of every calendar year, the Commission forms an ad hoc committee who proposes objectives
to the Commission for the following year.
Recommendation:
a) Form an ad hoc committee to propose new 2017 Objectives at either the December 2016
or January 2017 Harbor Commission meeting.
Harbor Resources Manager Miller stated the Harbor Commission typically reviewed and approved its
Objectives for the year and recommended the Council then consider and approve them. The intent was
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to form an ad hoc committee that would propose Objectives at the December 10, 2016 or January 2017
meeting.
Chair Blank noted the staff report included the list of Objectives adopted and presented to the City
Council for 2016. Since that time, a handful of Objectives had been added to the list and were reported at
the September 2016 meeting.
Commissioners West, Girling, and Kenney volunteered to serve on the ad hoc committee.
Commissioner McIntosh moved to form an ad hoc committee to propose Harbor Commission Objectives.
Commissioner Stapleton seconded the motion. The motion carried with 7 aye, 0 no and 0 abstaining
votes.
Chair Blank advised that it was highly desirable but not imperative for the Harbor Commission to approve
the list of Objectives at the December meeting.
2. Update on 2016 Efforts to Remediate Derelict Vessels in Newport Harbor
Staff will give a presentation on the efforts taken in 2016 to address derelict boats, grant funding
and results of those endeavors.
Recommendation:
a) Receive and file.
Harbor Resources Supervisor Levin expected to exhaust funds from the Surrendered and Abandoned
Vessel Exchange (SAVE) grant soon, but she would apply for a new grant as soon as it opened. The
grant totaled $125,000 and required a 10% in-kind match. To date, staff had spent nearly $103,000,
leaving approximately $22,000. She highlighted a few abandoned and turned-in vessels and the costs
involved in disposing of them. Staff had disposed of 17 turned-in vessels and 11 abandoned vessels
using the grant. The vessel Bad Habit sold at auction for $15,000; however, one lienholder would take
50% of the auction proceeds. In addition, the City incurred attorney fees of more than $15,000 in
disposing of the Bad Habit. Mooring Deputies had been most helpful with the entire process.
In response to a Commissioner's question, Harbor Resources Supervisor Levin indicated grant funds
could not be used for costs incurred in disposing of the Bad Habit because the vessel was not part of the
SAVE grant.
Commissioner Stapleton congratulated staff on a job well done.
Harbor Resources Supervisor Levin stated the small boat auction would occur in January.
In response to a Commissioner's inquiry, Harbor Resources Supervisor Levin remarked that many people
approached staff to turn in vessels, but only $22,000 remained in grant funds.
In response to Commissioner West's question, Harbor Resources Supervisor Levin felt the majority of at-
risk boats were located in mooring fields H and J. Approximately five to ten boats were really bad, and
others needed work. Some boats probably looked ugly, but they were operational and could not be
considered derelict. Enforcement was a slow process. Staff notified owners of issues and followed up
with the owners.
In response to Commissioner Avery's inquiry, Harbor Resources Supervisor Levin stated staff was aware
of the insurance requirements for most boats, but some were outstanding. The next wave of enforcement
would likely be determining insurance. Commissioner Avery felt lack of insurance was a harbinger of a
derelict boat.
3. Harbor Patrol Mooring, Anchorage and 2016 Turning Basin Trial Anchorage Update
Every month, Harbormaster Mark Alsobrook updates the Harbor Commission on moorings and
anchorage usage in the harbor. The Anchorage Ad Hoc Committee will also study the 2016
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temporary anchorage in the Turning Basin and return to the Commission at a later date with a
recommended path forward.
Recommendation:
a) Receive and file;
b) Direct the Anchorage Ad Hoc Committee to study the 2016 temporary anchorage in the
Turning Basin and return to the Commission at a later date with a recommended path
forward, if desired.
Lieutenant Alsobrook related that patrol activity, depending on the weather, would shift from "traffic stops"
and rescues to break-away vessels. Mooring, anchorage, and public dock checks remained consistent.
Activity in the temporary anchorage in October remained consistent with prior months. Sixty-six vessels
stayed one or more days in the anchorage for a total of 26 hailing ports other than Newport Beach.
Twenty-one individual vessels stayed one or more nights in the temporary anchorage, compared to 227
vessels logged in the east anchorage. A total of 32 dye tab tests were administered. Replacement of the
Harbor Patrol ways (rail system for hauling out vessels) began in October and should be complete the
first week of December. The air show was successful with good attendance.
A significant life-saving event occurred in October outside of Pirate's Cove in Newport Harbor. In
response to a Commissioner's questions, Lieutenant Alsobrook reported the depth of the water was 8-10
feet where the victim was found, but the distance from shore was unknown.
Commissioner Avery voiced his appreciation for Lieutenant Alsobrook's monitoring of the temporary
anchorage and providing data to the Commission.
In response to Commissioner Girling's question about dye tabs in the anchoring vessels, Lieutenant
indicated that none of the die tab tests were positive.
Harbor Resources Manager Miller noted the agenda action item and stated the Commission could
consider directing the Anchorage Ad Hoc Committee to study the temporary anchorage and perhaps
provide a recommendation. Chair Blank asked if the Commission should encourage a study of the
temporary anchorage. The Ad Hoc Committee for Harbor Commission Objectives could consider the
temporary anchorage for inclusion on the list of Objectives. Harbor Resources Manager Miller suggested
the ad hoc committee review the temporary anchorage and return to the Commission with a
recommendation. Commissioner Girling indicated the ad hoc committee would focus on the temporary
anchorage.
7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM)
Chair Blank noted an eelgrass meeting at Marina Park the following night.
Commissioner Girling announced UCI was hosting a talk about the impact of flooding in the harbor on
November 17th at 7:00 at the Environmental Nature Center.
Commissioner Kenney requested a January agenda item regarding the SUP Safety Ad Hoc Committee's
report.
8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES
None.
9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED
ISSUES
Harbor Resources Manager Miller reported the eelgrass meeting would also inform the public about
dredging and would satisfy a condition of the eelgrass plan regarding outreach. Staff was partnering with
CoastKeeper for the meeting scheduled on November 10, 2016, at 6:00 p.m. at Marina Park. The Water
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Board downgraded its hearing on copper boat paints to a workshop and did not make any decisions.
Public comment spanned almost three hours and raised excellent points. He was hopeful the Water
Board would reevaluate its proposal and work with the community. The City could make an alternate
proposal in the future. A significant issue raised at the workshop was an accurate vessel count for
Newport Harbor. He planned to calculate the vessel capacity of Newport Harbor based on average
vessel size to achieve the most accurate number possible. Harbor Resources Manager Miller would
contact the Harbor Standards Ad Hoc Committee to plan an outreach meeting in late November or early
December. The final draft of the Harbor Standards was complete and ready for review. The Coastal
Commission approved the Central Avenue public pier the prior Friday and provided feedback regarding
the required Memorandum of Understanding (MOU) for the donated funds. The City Council formally
accepted the donated funds from Newport Harbor Yacht Club. He would present the MOU to the City
Council on November 22nd for approval. Hopefully the project would be open for bids in February and
built by the summer of 2017. The City Council awarded a contract for dredging a portion of the Grand
Canal from the Park Avenue Bridge to South Bay Front. First, all boats in the Grand Canal and moorings
would need to be moved for about two weeks, and then six boats in B field under the control of Balboa
Yacht Club would need to be removed.
In response to Commissioner Kenney's inquiries, Harbor Resources Manager Miller advised that
consultants would be present for the eelgrass meeting. Anchor QEA would assist with the presentation.
Staff mailed postcards about the meeting to all waterfront residents and businesses.
In response to a Commissioner's questions, Harbor Resources Manager Miller reported he met with staff
to discuss definitions of boats and spaces and methods for counting vessels in Newport Harbor. All
vessels in the water with bottom paint would be counted. On-shore moorings would be a challenge. Staff
would not count dinghies or kayaks or small boats like that.
In response to Chair Blank's comments, Harbor Resources Manager Miller would need to consider
whether to make an allowance for the number of boats that could be anchored in the east anchorage.
Harbor Resources Manager Miller concurred with Commissioner West's suggestion that staff focus on
resident boats, boats residing in the harbor rather than transitory boats.
In response to Chair Blank, Harbor Resources Manager Miller indicated the 23 slips at Marina Park would
not be excluded, because there could be a different person in one slip every night of the year.
In response to a Commissioner's question, Harbor Resources Manager Miller stated there were not a lot
of boats on lifts. Commissioners provided good input for staff to refine definitions.
In response to Commissioner Avery's questions, Harbor Resources Manager Miller would utilize
overhead imagery rather than a physical count. The GIS program was a measuring tool that would assist
with the count. The count would likely be completed in early December. A marina manager outside
Newport Harbor was providing his survey data and was willing to help on the commercial marina portion.
In response to Commissioner Girling's inquiry, Harbor Resources Manager Miller reported the Grand
Canal dredging permits fell under the RGP 54. This permit did account for a significant amount of the
eelgrass allotment. The City could not dredge the north side or the center of the Grand Canal because of
the allotment and the bridge construction. When “Year 2” of the eelgrass RGP program begins in a
couple of weeks, staff would begin applying for the north side of the Grand Canal. Material imported to
the Grand Canal a year ago had held up nicely because it was a coarse-grain material. There isn’t a lot
of wake or wind to cause the material to drift, so it stayed up along the bulkhead nicely. At some future
date, the City would replenish sand along the sides again.
Harbor Resources Manager Miller advised that staff finished the eelgrass survey of Newport Harbor. Last
year the City was in Tier 1 in the Stable Zone and in Tier 2 in the Transitional Zone. Both zones are now
in Tier 1 which means the City could maximize impacts in both zones with very few strings attached.
Eelgrass was thriving.
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10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH
COUNCIL LIAISON OR HARBOR RESOURCES MANAGER
None.
11) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM)
None.
12) DATE AND TIME FOR NEXT MEETING: Saturday, December 10, 2016, 8:30 a.m.
13) ADJOURNMENT
There being no further business to come before the Harbor Commission, the meeting was adjourned at
7:20 p.m.