HomeMy WebLinkAbout06/12/2013 - Harbor CommissionNEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES
City Council Chambers
Wednesday, June 12, 2013
6:00 p.m.
1) CALL MEETING TO ORDER
The meeting was called to order at 6:08 p.m.
2) ROLL CALL
Commissioners: Doug West, Chair — Absent (Excused)
Brad Avery — Absent (Excused)
Paul Blank
David Girling
Duncan McIntosh — Acting Chair
Karen Rhyne
Ralph Rodheim
Staff Members: Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
Council Liaison: Council Member Nancy Gardner - Absent
3) PLEDGE OF ALLEGIANCE — Commissioner Rodheim
4) SPECIAL CEREMONY RECOGNIZING COMMISSIONER RODHEIM'S LAST HARBOR
COMMISSION MEETING. PUBLIC COMMENTS WELCOME.
Acting Chair Duncan McIntosh provided a brief history of Commissioner Ralph Rodheim's participation in the
City and the Harbor Commission and listed his accomplishments. He read a letter from Chair Doug West
expressing appreciation to Commissioner Rodheim for his eleven years of service on the Harbor
Commission and his advice, support and encouragement.
Harbor Resources Manager Chris Miller presented Commissioner Rodheim with a plaque in recognition and
appreciation of his service to the City.
Commissioner Karen Rhyne commented on Commissioner Rodheim's advocacy of the Harbor and the City
and expressed her appreciation for his help throughout the last seven years.
Acting Chair McIntosh presented a copy of a recent article from "The Log" newspaper to Commissioner
Rodheim.
Commissioner Rodheim expressed appreciation to his wife for her support and to the City and his colleagues
for supporting the Harbor. He addressed the importance of the Harbor to the City and residents, having a
liaison with the City Council, keeping Council apprised and the evolution of the Commission. He encouraged
the Commission to keep up the good work and thanked staff for their efforts.
5) PUBLIC COMMENTS
Acting Chair McIntosh invited those interested in addressing the Commission to do so at this time.
Jim Mosher congratulated and expressed his appreciation to Commissioner Rodheim for his service and
commented that Council recently adopted an ordinance amending two- hundred and nine sections of the
Municipal Code, including Title 17 (the Harbor Code). He expressed concerns that the matter was not
brought up for the Harbor Commission's review.
Len Bose referenced various recent articles and discussions with Deputy Scoles, who is in charge of
moorings, regarding the waiting list and how it might work. He indicated there is still need for additional
clarity on the matter and commented on a State program (VTIP) and felt that it may be a useful program.
Additionally, he addressed use and intensity of the Harbor and suggested additional review.
It was noted that the County has applied for VTIP funds and that the agenda tonight includes an update on
moorings in the Harbor.
There being no others wishing to address the Harbor Commission, Acting Chair McIntosh closed the Public
Comments portion of the meeting.
6) APPROVAL OF MINUTES - May 8, 2013, Regular Meeting
Motion: Commissioner Blank made a motion to approve the minutes of the Harbor Commission May 8,
2013, Regular Meeting. Commissioner Rhyne seconded the motion, which carried with 5 ayes and 0 noes
and Chair West and Commissioner Avery, absent. Approved.
7) CURRENT BUSINESS
1. Mooring Update
Staff will present an update on moorings in Newport Harbor including related topics such as fees,
derelict vessels, Harbor Patrol contract, mooring rules and regulations, and mooring field
realignment.
Recommendation
1) Receive and file
Harbor Resources Supervisor Shannon Levin presented background on the matter and presented an update
on moorings in Newport Harbor. She addressed a contract awarded to the Sheriffs Harbor Patrol and
addressed the scope of the contract. She reported on Harbor Patrol staff, the turn -in process, contacting
people on the waiting list, related fees, and location of moorings, selling /swapping moorings and termination
of private party buying and selling in the future.
Ms. Levin addressed resizing mooring footprints as needed, mooring realignment, mooring fees, calculating
mooring fields based on marina indexes, implementation of fees over a five -year period, yearly mooring rates
for 2013, derelict vessels and moorings, details of the VTIP program and the Abandoned Water Craft
Abatement Fund. She noted that the County has applied for both of the programs, and should receive
funding in late June or early July and will partner with the City to address derelict and abandoned vessels.
Discussion followed regarding the process for addressing abandoned vessels and those unwilling to let go of
their boats and revoking moorings.
Ms. Levin reported completion of D, F and G fields and Newport Harbor Yacht Club mooring realignments,
the status of C field, updating fees and mooring contacts. She addressed the number of live - aboards,
annual inspections and annual fees.
Discussion followed regarding legal forms of permit holders, the legacy progression and the status of a
commercial barge that is partially submerged at the mooring fields by Marina Park.
Interested parties were invited to address the Harbor Commission on this matter
Len Bose commented positively on the Harbor Patrol staff, the number of dinghies allowed on vessels,
allowing double -ended floating docks and wondered regarding defining derelict boats.
It was noted that it would relate to a vessel that would not be able to leave the Harbor by its own power in
addition to other criteria. It was noted that notices are regularly sent to those on the waiting list.
Jim Mosher referenced Resolution 2010 -32 which set fees for mooring permits and a promise that Council
would revisit them at the end of the process. He wondered when Council will address the matter.
There being no others wishing to address the Harbor Commission, Acting Chair McIntosh closed public
comments for this item.
Motion: Commissioner Rodheim made a motion to receive and file the report. Commissioner Blank
seconded the motion, which carried with 5 ayes and 0 noes and Chair West and Commissioner Avery,
absent. Approved.
2. Shore Power Issues at Commercial Marinas
The Harbor Commission will discuss the issue of shore power at commercial marinas with respect to
the adequacy of the power provided vs. the individual needs of the tenants. The Harbor
Commission has learned that some marinas may not be providing sufficient power for their larger
vessels, therefore prompting prolonged use of on -board generators which tend to be noisy and may
disturb adjacent tenants both land and waterside. The Harbor Commission will consider
recommending that the City Manager address this issue in the upcoming leases with commercial
marinas.
Recommendation:
1) Receive and file; or
2) Recommend to the City Manager that additional terms be inserted into the
upcoming commercial leases requiring adequate power at all commercial marinas.
Harbor Resource Manager Chris Miller presented details of the report addressing shore power at commercial
marinas, including complaints received regarding noise from idling generators. He noted that the issue
involves the adequacy of power generation at commercial marinas with larger vessels and addressed a
specific complaint from Ardell. Mr. Miller reported on efforts to address the matter and stated that
Hornblower has changed their operating procedures to only run generators that are furthest from the Ardell
property and only for forty-five minutes prior to departures. He stated that after careful review, it was
discovered that noise was not an issue. He reported that both parties agreed that the issue has been
diffused.
Mr. Miller addressed recommendations and reported speaking with various organizations regarding the
matter, and the need to manage power, and circuits available needed for larger vessels. He reported that
length of boat does not necessarily mean higher amperage but that amperage is dictated on requirements.
Additionally, he addressed what constitutes an "appropriate" amount of power and generation of noise
issues addressed by the Municipal Code and Code Enforcement. He presented options for consideration by
the Harbor Commission at this time and possible recommendations.
Discussion followed regarding receiving and filing the matter and addressing safety components at a later
date and whether Title 11 of the Municipal Code is appropriate, and practices at Lido Village for addressing
power at the docks and charters.
Interested parties were invited to address the Harbor Commission on this matter.
Len Bose commented on safety issues and wondered regarding electrical cords hanging over the water
Motion: Commissioner Rodheim made a motion to receive and file the report. Rodheim also commented
that a sub - committee be formed, Chaired by Commissioner Avery, to look at the issue of safety as well as
other components. Commissioner Blank seconded the motion, which carried with 5 ayes and 0 noes and
Chair West and Commissioner Avery, absent. Approved.
3. Public Piers Update
Commissioner Blank will present an update on public piers including related topics such as visitor
serving amenities and planning for additional public piers.
Recommendation:
1) Receive and file.
Commissioner Blank presented an update on public piers addressing objectives of the sub - committee,
review of existing piers and shore -side businesses, agency and community input, visitor serving amenities
and planning for additional public piers. He addressed short and long -term benefits of the recommendations
developed and other recommendations that were found to not specifically address boater or visitor access to
Harbor area businesses and amenities.
Commissioner Blank noted that many piers are in great shape and are well -used. He addressed signage,
renovation efforts by the City and utilization of piers with and without amenities.
Commissioner Rodheim commended Mr. Miller and his staff in their efforts to upgrade piers and floats.
Commissioner Blank addressed opportunities for improvement, priority of amenities desired and categories
of amenities, surveys performed of Harbor and pier users, a map of public piers in the Harbor and location
and concentrations of preferred amenities, findings and recommendations related to existing piers,
opportunities for additional public piers and next steps.
Members of the Harbor Commission commented positively on the quality of the report. It was noted that the
Fun Zone is under - serviced and there needs to be increased public access in the area.
Discussion followed regarding reconfiguring outer pilings, dense and commercial activities at the Fun Zone,
implementing an adopt -a -pier program, prohibiting or allowing fishing, enforcement, establishing a position of
Pier Ranger and related duties, proposed locations for new piers and implementation of weekly cleaning at
existing piers.
Mr. Miller commented on the recommendations and felt there are a lot of possibilities.
Commissioner Blank addressed the responsibility of enforcement by the Harbor Patrol and the possibility of
extending the definition of public parks to public piers.
Brief discussion followed regarding increasing use by promoting locations and amenities of public piers.
Interested parties were invited to address the Harbor Commission on this matter.
Jim Mosher commented positively on the report and addressed providing access to the City's Harbor Guide
at the Public Works Department and the proposed new pier location at the Irvine Company's Balboa Marina.
Regarding the latter, Mr. Miller reported that the matter needs more vetting and analysis.
Len Bose commented on enforcing time limits at public piers and the possibility of implementing parking
permits for mooring permit owners.
There being no others wishing to address the Harbor Commission, Acting Chair McIntosh closed public
comments for this item.
Brief discussion followed regarding the public pier at Balboa Marina.
Motion: Commissioner Rhyne made a motion to receive and file the report. Commissioner Girling
seconded the motion, which carried with 5 ayes and 0 noes and Chair West and Commissioner Avery
absent. Approved.
8) SUBCOMMITTEE REPORTS
Commissioner Rodheim reported meeting with the City Manager and the City Attorney regarding Harbor
lines and stated their recommendation was to present the matter to the Tidelands Management Committee
which will be held at 4:00 p.m. on Wednesday, June 19, 2013.
Commissioner Girling presented an update on Lower Castaways and reported on an upcoming meeting with
the City Manager to obtain further direction and include a representative from the Parks, Beach and
Recreation Commission. Additionally, he reported working with Coastkeeper to discuss the issue of the
Lower Castaways being a Marine Protected Area (MPA) and the possibility of redistricting it. The goal of the
sub - committee is to present to the Harbor Commission before the end of the year.
9) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES -None
10) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED
ISSUES
Ms. Levin presented an update on the sand replenishment project on Balboa Island and reported that
permits were issued last week so that the project will be progressing.
Brief discussion followed regarding areas replenished within the sand replenishment project.
Mr. Miller commented on the completion of replacing the five Harbor pump -outs, upcoming commercial pier
lease process, status of the RGP permit process and status of Marina Park including next steps.
11) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH
COUNCIL LIAISON OR HARBOR RESOURCES MANAGER - None
12) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM)
Acting Chair McIntosh commented on a recent discussion with the USEPA regarding copper paints and
referenced an article in "The Log" regarding the matter.
13) DATE AND TIME FOR NEXT MEETING: Wednesday, July 10, 2013, 6:00 PM
14) ADJOURNMENT
There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:00
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