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HomeMy WebLinkAbout18-04-11 Harbor Commission Minutes - Approved NEWPORT BEACH HARBOR COMMISSION MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, April 11, 2018 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 p.m. 2) ROLL CALL Commissioners: William Kenney, Jr., Chair David Girling, Vice Chair Scott Cunningham, Secretary Ira Beer, Commissioner (absent) Paul Blank, Commissioner John Drayton, Commissioner Duncan McIntosh, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster Carol Jacobs, Assistant City Manager Ann Ewing, Deputy City Attorney Raymund Reyes, Administrative Analyst 3) PLEDGE OF ALLEGIANCE – Commissioner McIntosh 4) PUBLIC COMMENTS Larry Buckelew, 1432 West Bay Avenue, recounted harassment from a person aboard the Kayla Lynne, which was located on a City mooring in front of his home, the previous Saturday evening and the results of his calls to the Newport Beach Police Department and Harbor Patrol. He asked the Harbor Commission to remove the four moorings in front of homes and to have an enforcement officer on duty at night. Chair Kenney advised that enforcement was not within the Harbor Commission's purview and recommended Mr. Buckelew share his story with the City Council. Harbormaster Durgan added that the Kayla Lynne had left the mooring. An unidentified speaker stated boats moved to another area of the Harbor after causing problems. Harbormaster Durgan clarified the rental periods for moorings in front of Marina Park. Jim Mosher suggested the sharing of recreational vessels, as envisioned in the California Coastal Plan, could be a good idea within Newport Harbor. 5) APPROVAL OF MINUTES – Minutes of March 14, 2018 Commissioner Girling moved approval of the draft Minutes for the March 14, 2018, meeting as presented. Commissioner Blank seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton Abstaining: Commissioner McIntosh Absent: Commissioner Beer 6) CURRENT BUSINESS 2 1. City Harbormaster Report on Harbor Operations and On-Water Code Enforcement City Harbormaster Dennis Durgan will provide an update on Harbor Operations and on-water code enforcement activities. Recommendation: 1) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2) Receive and file. Harbormaster Durgan reported 11 vessels have been impounded in the past 30 days, and six of the 11 were released upon payment of citations. Since the last meeting, Code Enforcement Officer Matt Cosylion has opened 17 cases, sent eight Notices of Violation, and issued zero citations. Nightly rentals are averaging 30. Staff has approved six raft-ups and received four letters of permission with more expected. In an effort to update the database, staff mailed another 900-plus letters requesting permittees' current information. If permittees do not submit current information, staff can initiate revocation of the mooring. One hundred to 150 moorings have exceeded the two-year timeframe for service; therefore, staff mailed 42 letters regarding service and will mail another 30 in June and 40 in August. Vessels that were not sold during the recent auction will be destroyed. Four vessels are ready for destruction, and 12 are ready for auction. Staff is working through the process to auction four Coast Guard-registered vessels. Two pump-out stations were out of service for a day. In response to questions, Harbormaster Durgan advised that the 12 vessels ready for auction are stored on moorings. Assistant City Manager Carol Jacobs explained that staff is creating a system for Lifeguards to respond to complaints after hours. Lifeguards are peace officers and have the power to resolve issues or call police. Commissioners suggested staff provide the brochure of rules to the vessels on moorings and schedule a discussion to delineate the responsibilities of the Orange County Sheriff's Department and City staff. 2. City Water Quality Program Review City Senior Engineer John Kappeler will present an overview of the City's Water Quality Program. Recommendation: 1) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2) Receive and file. Senior Engineer John Kappeler reported that staff tests 35 sites in the Bay and ocean weekly for bacteria and shares the data on the website www.ocbeach.com. If testing shows an exceedance of bacteria, staff posts a warning sign on the beach. In the event of a sewage spill, a beach will be closed. Orange County Public Health Department and Heal the Bay compile data for Southern California and issue annual reports. Four beaches in Newport Beach made Heal the Bay's honor roll. In dry weather, test results are typically good. The City has a five-year National Pollutant Discharge Elimination System (NPDES) permit which mandates a variety of City actions. Trash, bacteria, and sediment are major concerns. There were four permanent postings in the Bay where test results routinely failed water quality standards. Through cleanup efforts, the City has been allowed to remove three of the four signs. Projects to improve water quality include diverting storm runoff from the two drain pipes located near Harbor Marina; adding at least 1,000 new catch basin screens in the next nine years; adding more trash booms and upgrading or replacing the existing trash boom; holding cleanup events around the Bay; completing construction of a facility to capture 3 trash and diverting all dry-weather and some wet-weather runoff from the Santa Ana-Delhi Channel; constructing a custom Continuous Deflective Separation (CDS) unit; constructing a water wheel; and rebuilding the harbor hazardous waste drop-off facility and potentially constructing two more. Commissioners requested Senior Engineer Kappeler investigate disposal of expired flares at the hazardous waste drop-off facility and incentives for underwater divers to collect trash. In reply to Chair Kenney's question, Senior Engineer Kappeler explained that the total maximum daily load (TMDL) for sedimentation does not cover the Lower Bay, which makes it difficult for the City to request partners' help with sediment in the Lower Bay. 3. Council Policy Manual Update: H-1 Harbor Permit Policy The Harbor Commission will review Council Policy H-1 and recommend that it be forwarded to the City Council for approval. Recommendation: 1) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2) Review and approve updates to Council Policy H-1 and recommend that it be forwarded to the City Council for final approval. Harbor Resources Manager Miller reported the City Attorney carefully reviewed Policies H-1, H-2, H-3, H- 4, and H-5 as recommended by the Harbor Commission, and staff decided not to present proposed Policy H-1 to the Council. The Council recently approved proposed Policies H-2, H-3, H-4, and H-5. Proposed Policy H-1 focuses on brevity and providing the Harbor Commission discretion to approve construction of a dock beyond the pierhead line. If a dock owner wishes to rebuild an existing dock, which extends past the pierhead line, in the same configuration and to the same length, then staff can approve it under proposed Policy H-1. If a dock owner wishes to rebuild an existing dock, which extends past the pierhead line, in a different configuration and to a greater length, then the Harbor Commission must approve it. Should the Harbor Commission and City Council approve proposed Policy H-1, staff anticipates developing a consent calendar item for Harbor Commission approval of noncontroversial dock projects. In answer to Commissioner questions, Deputy City Attorney Ann Ewing advised that GIS maps would not be relevant to Harbor Commission decisions because those decisions are based on three factors. The maps could be used to determine whether a dock project impacts adjacent property owners. Harbor Resources Manager Miller estimated two to four projects would be presented to the Harbor Commission monthly. Commissioner Blank clarified staff's ability to approve repairs to an existing, permitted pier. Pete Swift suggested three or four projects would be presented to the Harbor Commission each month. Mr. Swift voiced concerns regarding Harbor Commission approval for a different dock configuration and increasing the time to obtain a permit. Jim Mosher did not understand to which agency or agencies approvals in concept were submitted. He shared Mr. Swift's concerns. The proposed policy appears to be no policy. The policy should contain a provision for notice to the public. Commissioners and staff discussed including a notice provision, additional time of two to three weeks for noticing, side property setbacks, the lack of a notice provision in the existing policy, and submitting only major modifications to agencies if the City had greater jurisdiction. 4 Commissioner Blank moved to approve updates to Council Policy H-1 as proposed and recommend that it be forwarded to the City Council for final approval. Commissioner Drayton seconded the motion. The motion passed by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Noes: none Abstaining: none Absent: Commissioner Beer 4. Proposed Harbor Speed Limit Exceptions The Harbor Commission will review the proposed harbor speed limit exceptions for human or wind-powered vessels for events such as races and practices as well as exceptions to support vessels to those human or wind-powered vessels during those events. Recommendation: 1) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2) Review and approve the proposed harbor speed limit changes to the Municipal Code and recommend they be forwarded to the City Council and the State for review and approval. Harbor Resources Manager Miller reported the objective of the item is to create an exception to the speed limit of 5 nautical miles per hour for permitted events that require speeds in excess of the speed limit. If the Harbor Commission approves the exception, then staff will present it to the City Council and then the State for approval. Since the topic first surfaced in 2007, staff and the committee has conducted outreach with Harbor stakeholders and law enforcement officials and researched exceptions in other harbors. The boating community remains concerned about memorializing an exception to allow vessels in certain permitted events to exceed the speed limit. The County supports an exception as long as events take place on City tidelands; 85 percent of the Harbor is located within City tidelands. Staff feels there is a good chance the State will approve an exception. The exception probably cannot be approved and implemented before the 2018 summer race season. Commissioners considered revising provisions to include hands and/or feet in Section 17.01.030R.1.a and specific dates and times of events and concluded these revisions to Code sections are not necessary. Jim Mosher proposed revisions of remove "of the Harbor Resources Manager" from Section 17.65.010D and add "otherwise" at the beginning of Section 17.20.070D.3. Commissioners concurred with revising Section 17.20.070D.3 to "otherwise comply with this Code" and Section 17.65.010D to "decisions resulting from the Harbor Resources Manager or Harbormaster's administration of this Code." Commissioner Drayton moved to approve the proposed harbor speed limit changes, as revised, to the Municipal Code and recommend they be forwarded to the City Council and the State for review and approval. Chair Kenney seconded the motion. The motion passed by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Noes: none Abstaining: none Absent: Commissioner Beer 5 5. Harbor Commission 2018 Objectives: Ad Hoc Committee Updates Each ad hoc committee studying their respective Functional Area within the Commission's 2018 Objectives will provide a progress update. Recommendation: 1) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2) Receive and file. For Functional Area 1, Commissioner Cunningham reported staff and he met with the Army Corps of Engineers regarding the RGP-54, and the Corps' feedback was positive. For Functional Area 2, Commissioner Drayton advised that the committee will explore an annual review of Harbor operations over the next 90 days, particularly Code enforcement issues. For Functional Area 3, Commissioner Beer was absent hence there was no report. For Functional Area 4, Commissioner McIntosh indicated the form for marine activity permits (MAPs) has been reformatted, but the content remains the same. The committee plans to make the forms more appropriate for the specific types of boats they cover. For Functional Area 5, Commissioner Girling reported the committee identified some issues related to charter boats and their operations and concluded a public study session to obtain feedback would be the best course of action. Functional Area 6, Commissioner Blank advised that Assistant City Manager Jacobs supports the committee's approach for public meetings and has provided resources for the committee. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Drayton announced the Baldwin Cup Team Race is underway through Saturday. Commissioner Blank noted the bait barge has returned and is located in a slightly different, but permissible, location. Chair Kenney hoped the recommendations of the standup paddle board safety committee would be presented to the City Council on April 24. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported the U.S. Coast Guard survey regarding conversion of Harbor markers expires April 13. Staff has requested Coast Guard permission for the trial anchorage. He anticipates receiving Coast Guard approval in the next week, after which he will seek Council approval at its first meeting in May. If all goes well, the anchorage could be installed by Memorial Day weekend. The Coast Guard has asked to be included in the trial anchorage. Staff will work with the Coast Guard to develop a process for inclusion of the Coast Guard once Coast Guard approval is obtained. New signage will be installed on public piers on the Peninsula in the next few weeks. New signage for public piers on Balboa Island will be ordered soon. Staff has placed an order for bridge height signage and expects to install them by the beginning of summer. The Grand Canal public pier was reinstalled in January. 6 9) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER Jim Mosher remarked that the Port Master Plan appears to be a waste of taxpayer dollars and City resources. If the City promotes a Port Master Plan and the legislation fails, the City could appear to be inadequate stewards of public resources. 10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner Girling requested a future agenda item regarding Code enforcement responsibilities of the City and of the Sheriff's Department within the Harbor. Perhaps a discussion should follow the transition to Lifeguards responding to after-hours calls. Chair Kenney reiterated his request for a brief report regarding timelines for disposition of vessels impounded by the City, the County, and/or State or Federal Government. 11) DATE AND TIME FOR NEXT MEETING: Wednesday, May 9, 2018 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:43 p.m.