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HomeMy WebLinkAbout17-03-08 Approved Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, March 8, 2017 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 p.m. 2) ROLL CALL Commissioners: Paul Blank, Chair Dave Girling Bill Kenney (absent) Duncan McIntosh Doug West Staff Members: Chris Miller, Harbor Resources Manager (absent) Shannon Levin, Harbor Resources Supervisor City Council Liaison: Mayor Pro Tem Duffield (absent) 3) PLEDGE OF ALLEGIANCE – Former Commissioner Stapleton Harbor Resources Supervisor Levin recognized Stapleton and presented him with a mounted chock. Chair Blank thanked Former Commissioner Stapleton for his service on the Harbor Commission. Former Commissioner Stapleton appreciated working with the Commission. 4) PUBLIC COMMENTS Matt Holder, Free SUP SoCal, addressed federal regulations on standup paddle boarding. He thanked the Harbor Commission for their work on standup paddle boarding. Jim Mosher felt the Planning Commission was not sufficiently aware of the Harbor and Bay Element when making findings of consistency with the General Plan. Harbor properties designated as Marine Commercial were not being used for harbor-related businesses. He suggested Commissioners might want to review the Implementation Plan for the General Plan. 5) APPROVAL OF MINUTES – February 8, 2017 Commissioner Girling wished to add to the Waterfront Project Guidelines discussion that Balboa Island was an exception to increasing seawall heights. Chair Blank corrected Skye Carlson to Kelly Carlson on page 7 of the minutes. Commissioner Girling moved approval of the February 8, 2017, Minutes as amended. Commissioner West seconded the motion. The motion carried with 4 aye, 0 no and 0 abstaining votes. 6) CURRENT BUSINESS 1. Vice Chair Nomination The Harbor Commission will nominate a new Vice Chair. 2 Recommendation: 1) Nominate a Vice Chair to the Harbor Commission. Commissioner West nominated Commissioner Kenney as Vice Chair, seconded by Commissioner McIntosh. Commissioner West reported he had spoken with Commissioner Kenney, who stated he was willing to serve as Vice Chair if elected. The nomination carried with 4 aye, 0 no and 0 abstaining votes. 2. Ocean Defenders Alliance The Ocean Defenders Alliance, based in Huntington Beach, California, will give a presentation on their efforts to eliminate man-made debris from ocean wildlife and habitats. Recommendation: 1) Receive and file. Commissioner West welcomed Kurt Lieber of Ocean Defenders Alliance, which was a fine organization. Mr. Lieber reported on the destruction of kelp in 1992 and his actions to correct the situation. Whales and dolphins were often entangled in lobster trap lines. Ocean Defenders was working to change fishing regulations to require lobster traps be set further apart. Squid fishing nets also trapped marine animals and were designed to last for hundreds of years. Ocean Defenders worked with several agencies to remove debris from the ocean and worked to educate the public. Much of the debris in the ocean was toxic to marine life. Plastic items were a particular problem. Commissioner West encouraged the Commission to work with staff and Ocean Defenders to organize a cleanup dive for Newport Harbor. Harbor Resources Supervisor Levin advised that Help Your Harbor in partnership with the Bay Club was planning a cleanup dive for May. Harbor Resources Supervisor Levin had requested cleanup of public docks at 15th Street, 19th Street and M Street. Commissioner West suggested East Lido Anchorage as a starting point. With more volunteers and experienced leadership, the cleanup area could be expanded. In response to Commissioner Girling's questions, Mr. Lieber indicated batteries were removed from Channel Islands Harbor in Oxnard. He spoke with lifeguards, Harbor Patrol, and marina operators when considering harbor dives. Ocean Defenders' permit allowed them to clean up MPA areas. The Department of Fish and Wildlife granted approval of cleanup dives, and he submitted reports and documentation of dives to them. 3. Tidelands Capital Plan Finance Director Dan Matusiewicz will update the Harbor Commission on the Tidelands Capital Plan, which includes capital and maintenance project funding. Recommendation: 1) Provide input to staff. 2) Receive and file. Finance Director Matusiewicz advised that City Tidelands were defined as public trust lands granted to the City, which generally included the Lower Bay, most ocean beaches, and land extending 3 miles from the shoreline out to sea. Corona del Mar beaches, beaches around the Wedge, and some other areas were not part of the City's Tidelands. The City was accountable to the State Lands Commission for grant lands and provided it an annual report of revenues and expenditures. Most revenue-generating properties were oil fields, the concession on the Newport Pier, Marina Park, mooring sites, Balboa Pier, and state beaches. Sales taxes, real and personal property taxes, possessory interest tax on Tidelands leases, marine charter taxes, and recreation fees from beaches were not considered Tidelands revenues. Revenues were mostly attributable to rental of Tidelands property. The City Council decided which funds were deposited into the Operating Fund and the Capital Fund. Any revenues in excess of expenditures in the Operating Fund had to be returned to the State Lands Commission. The Harbor Commission should identify improvement projects and help develop a Harbor Capital Master Plan. He reviewed the division of revenues generated 3 from different Tidelands properties. The largest operating expense was public safety. The revenue stream generally did not cover expenditures. The City had a reasonable plan to fund the Capital Plan through direct General Fund contributions. The Tidelands Fund was responsible for repayment of a loan from the General Fund. The estimated cost of the Harbor Capital Plan over the next 30 years was approximately $139 million. In reply to Commissioner Girling's question, Finance Director Matusiewicz stated he did not consider the four sources of income shown in red as Harbor-related revenues. In response to Commissioner Girling's inquiries, Deputy Public Works Director Vukojevic advised that the City was working on a 4-acre water quality and restoration project at the upper end of Big Canyon. Construction was approximately halfway complete. The Lower Castaways bulkhead project depended on the extent of the park buildout. The $1.1 million amount was the best estimate for replacing the bulkhead. Chair Blank recalled the project was to repair, replace, and maintain the existing bulkhead. There was not an opportunity to build the bulkhead in another location. Commissioner West thanked Finance Director Matusiewicz for the excellent and helpful presentation. In reply to Chair Blank's questions, Finance Director Matusiewicz indicated the Marina Park property was unevenly divided with the State Lands Commission. Any funds generated from Marina Park itself on the boundary would be included in the Tidelands. Revenue generated within the delineated area of Marina Park would go to the City. Public Works included operational expenses in its Capital Improvement Plan. With respect to revenue listed as net of increment, specific resolutions were identified as above and beyond the baseline charged for onshore and offshore moorings. Anything above the baseline, any rental increases or renegotiation of leases, was deemed to be increment. Chair Blank did not feel the description "net of increment" reflected the situation. Commissioner West hoped the Harbor Commission could schedule a study session on this topic. Jim Mosher asked if the City of Newport Beach had participated in creating the economic impact number of Newport Harbor, had reviewed it, or had any opinion of its meaningfulness. Chair Blank reported the Harbor had an economic impact of $202 million annually on the economy of Newport Beach. The study was commissioned by the City Council and produced by Visit Newport Beach. Finance Director Matusiewicz added that Visit Newport Beach hired Oxford Economics to prepare the study. It was another revenue allocation that could contain a lot of art and less science. Oxford Economics was a reputable firm that did the best it could with available information. The City recognized that the Harbor was very important to the community. Commissioner West felt the economic impact number was low. The number reflected the impact on the community, not necessarily the spending of the City of Newport Beach. 4. Harbor Patrol Update Lieutenant Alsobrook will provide an update on mooring and harbor activity. Recommendation: 1) Receive and file. Lieutenant Alsobrook reported rentals were down because of the season and weather. There were no transfers in February. Vessels found were 15. Patrol activity swayed from law enforcement to mooring maintenance. Generally, Harbor Patrol spent 110-130 event hours on mooring; in February they spent about 190 hours. Usually there were 195 individual events related to mooring; in February there were 276 events. He had discussed with Harbor Resources Supervisor Levin ways to convince boat owners not to forego maintenance on their vessels during the winter season. Monday night, the American Legion held its Law and Order Awards where four employees were recognized for above and beyond outstanding service to the community in 2016. Harbor Patrol received a 27-foot Whaler Guardian from the United States Marine Corps. On Friday, 40 vessels were up for auction. Harbor Patrol permanently removed 13 derelict 4 vessels. In response to public comment at the January meeting regarding enforcement at Fernando, there was one call complaining about Fernando in the month prior to the January meeting and no calls in the seven days prior to the meeting; however, Harbor Patrol impounded six vessels from that location. He encouraged the public to contact him with concerns. There would be new Harbor Patrol employees in the coming months. Chair Blank congratulated Harbor Patrol employees who received awards from the American Legion. 5. Anchorage Discussion The Anchorage Subcommittee will discuss establishing the West Anchorage for summer 2017 and possibly permanently after the summer. Recommendation: 1) Approve the installation of a temporary anchorage in the Turning Basin and recommend that staff forward to the City Council for approval. 2) Review day use moorings outside of Corona del Mar ocean beach and direct the ad hoc committee to return at a later date with a recommendation. Commissioner West advised that the Anchorage Subcommittee recommended the seasonal anchorage at West Lido be established again in 2017 with boundaries and usage rules developed in prior trials. The subcommittee emphasized that no raft-ups would be permitted in the anchorage and recommended Harbor Patrol be directed to issue raft-up permits for the East Lido Anchorage only. Establishing the anchorage was subject to City Council approval. Motion by Commissioner West to recommend the City Council establish the West Lido Anchorage for the 2017 summer boating season beginning May 26 or as soon as possible thereafter through at least September 17, with the same boundaries as used in 2016 and subject to the rule prohibiting group raft-ups. Motion seconded by Commissioner McIntosh. In reply to Commissioner Girling's question, Commissioner West noted the Harbor Master provided reports on two occasions based on the observations of personnel, and two Commissioners provided anecdotal reports. The subcommittee understood there were substantially no complaints concerning noise or other misbehavior with the exception of one raft-up permit issued through administrative error. There was some concern about the jet pack operation creating a degree of confusion within the anchorage. If the experience in 2017 was consistent with experiences in 2015 and 2016 and after evaluation of usage and incidents, in the fall the subcommittee would likely recommend the West Lido Anchorage become a permanent feature of the Harbor on a seasonal basis. Lieutenant Alsobrook stated the Harbor Patrol had reported 66 individual vessels used the anchorage, with 26 of those vessels hailing from ports other than Newport Harbor. Twenty-one individual vessels had overnight stays of one or more nights or on one or more occasions. Minor issues related to the jet pack operation and a vessel drifting outside anchorage boundaries. In 2016, the anchorage was established on June 3. He recommended setting a definite end date for the anchorage. Motion carried with 4 aye, 0 no and no abstaining votes. Commissioner West shared the subcommittee's request for a discussion of establishing day moorings just off the beach at Big Corona on a rental basis. Lieutenant Alsobrook had agreed with the general concept. The subcommittee suggested moorings at Belmont Shore as a good model, establishing six to eight moorings, and charging $1/foot or $20/4 hours. Chuck South concurred with the idea if the moorings were removed or sunken during the winter season. The area was prone to silting. Moorings in that area were possible. In response to Commissioner West's questions, Mr. South felt the area could accommodate 12 boats and suggested starting with ten moorings. Six to eight boats would be possible with no trouble. Moorings of 40 feet would cost approximately $5,000 each installed. 5 Commissioner McIntosh noted similarities between Big Corona and Belmont Shores. Jim Mosher believed the Harbor Commission may not have jurisdiction over the ocean. This idea might have an impact on people's use of the beach. Commissioner West stated the subcommittee made the suggestion based on the idea of the moorings being an extension of boating activity, which was within the Harbor Commission's purview. Chair Blank indicated the Harbor Commission would work collaboratively with the agency having jurisdiction if it chose to advance the concept. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Girling reported a meeting with the Chamber's Marine Committee regarding standup paddle board safety was held the previous night. Hopefully safety for human-powered vessels would resonate throughout the Harbor. Chair Blank commented that the three operators present for the meeting wanted to hold a summit. Staff agreed to discuss the issue and determine a course of action. Commissioner West announced that the Balboa Marina expansion was approved with a large restaurant and an increase in the number of slips. He was disappointed to learn that the yacht brokerage would be eliminated. 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 Supervisor Levin reported staff was preparing beaches and repairing piers for the summer season. Commercial piers, Harbor Standards, Mooring Regulations, the boating infrastructure grant, and navigational buoys were scheduled before the Council in the coming months. The vessel auction would be held Friday. In reply to Chair Blank's inquiry, Harbor Resources Supervisor Levin indicated the Council directed the transfer fee for moorings be 75 percent of the annual permit rent. 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) Chair Blank noted a future agenda item regarding the economic impact of Newport Harbor. 12) DATE AND TIME FOR NEXT MEETING: Wednesday, April 12, 2017 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:31 p.m.