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HomeMy WebLinkAbout14-09-10 Meeting Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, September 10, 2014 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:31 PM. 2) ROLL CALL Commissioners: Brad Avery, Chair Paul Blank David Girling Bill Kenney Duncan McIntosh Joe Stapleton Doug West Staff Members: Chris Miller, Harbor Manager Shannon Levin, Harbor Analyst Council Liaison: Council Member Nancy Gardner 3) PLEDGE OF ALLEGIANCE 4) PUBLIC COMMENTS Chair Avery invited those interested in addressing the Harbor Commission to do so at this time. There was no response and Chair Avery closed the Public Comments portion of the meeting. 5) APPROVAL OF MINUTES—August 13, 2014 Minutes Commissioner Blank presented corrections that need to be incorporated into the minutes. Commissioner Girling noted an omission in the minutes regarding noise levels restrictions for restaurants. Motion: Commissioner Blank made a motion to approve the minutes of the Harbor Commission of the August 13, 2014, Regular Meeting, as amended. Commissioner Girling seconded the motion, which carried with 6 ayes, 0 noes and 1 abstention. Approved. 6) CURRENT BUSINESS 1. Water Propelled Vessels Ad Hoc Committee Update Commissioner Kenney provided an update on the Water Propelled Vessels Ad Hoc Committee's progress, and solicit input from the public and the Harbor Commission. Recommendation: 1) Receive and file. Commissioner Stapleton reported that he was the Chair of the committee and referenced a business in question, Jetpack America, noting they are a member of the Newport Beach Chamber of Commerce, and he thought he could remain objective in the subcommittee's exploration of the subject. However, as Chairman of the Board of the Directors of the Chamber of Commerce, he finds it difficult, in this situation, to remain 1 i 3 i objective and although he hasn't taken any salary or payment as Chairman of the Newport Chamber of ? Commerce, out of an abundance of caution, recused himself from participating in all Water Propelled Vessels Ad Hoc Committee meetings, discussions and votes, effective September 3rd. He departed the Chambers at this time. ! Commissioner Kenney provided details of the report addressing formation of the Ad Hoc Committee, committee members, direction to the committee by the Harbor Commission, meetings and public input, issues identified for discussion, emails received in support of commercial operations, observations of the current operator, Jetpack America, by committee members, observations related to noise, research conducted relative to the equipment that is currently available to effectively fly above the water, and a ! presentation of video clips for each of the devices. These include the Jet Lev, the Fly Board and Jet-o- I Vator. j It was noted that the videos were the first to pop up in the search of YouTube and are promotional in type. I Commissioner Kenney reported that initially, the Ad Hoc Committee did not focus on acquisition and use of the type of equipment by the general public in that it is quite expensive. However, as equipment is refined, cost has decreased significantly. He addressed the price of the Jet-o-Vator and addressed next steps including another committee meeting on October 1, 2014. An update on that meeting, if held, will be provided at the October meeting of the Harbor Commission along with the committee's recommendations for the Harbor Commission's consideration. Discussion followed regarding how the Jet Lev equipment is attached to the jet ski. It was noted that the Jet Lev device is the bottom half of a jet ski with a tube attached. Ensuing discussion pertained to the operation of the Fly Board and Jet-o-Vator. Commissioner Kenney added that with the commercial operation, there is a pontoon boat with two staffers, one of whom is on radio with the operator and has the ability to shut the equipment down. There is also a person on a jet ski for safety and to take videos. With private use, there is no one in charge of safety issues. Chair Avery opened public comments. Dean O'Malley, Jetpack America, commented on noise, safety and disruption. He reported that to address residents' concerns with noise, the operation has been moved to an area with fewer residences, and changes have been made to the equipment to minimize noise. In terms of safety, he reported that the operation has a ratio of 3:1 staff-to-customer ratio, as safety is their number one concern. He highlighted benefits that the operation provides to the City including offering a unique draw to the City, positive press, film rights and charity events. He added that they operate safely and want to be a good partner with the City. Neil Thomas Katz, Orthopedic Surgeon, spoke about his experience with Jetpack America and his support of same. He added that he was one of their first customers, and continues to be and has also brought several corporate events to Jetpack America. He commented on the flight to Catalina which broke a world record and brought international attention to the City. He added that the operation serves to increase property values and makes Newport Beach a more-desirable place to live. He addressed technology and noise and encouraged members to participate in flying the Jet Lev before making any decisions. Ed Valdez, an airline pilot, reported he has been a customer of Jetpack America since early on, and addressed their safety practices. He addressed noise and stated that policies and procedures can be developed to make the operation safer and quieter. Pam Whitesides, waterfront resident, reported that aside from the nuisance and the noise, the operation affects her property value as she would have to disclose that if she were to sell her home. She opined that the bodies go more than 5 knots when they are in operation and that it is an inherently dangerous activity. Randy Mendley, West Bay resident, noted that residents have made the ultimate investment in the City, and he complained about the noise from the operation and asked for the Harbor Commission's consideration. 2 George Farah, West Bay resident, expressed concerns with increased noise and noted that the operator does not represent the residents. Judy Cole, Via Lido resident, commented on the videos and noted that if the bay had more of this type of operators, it would be zoo. She expressed concerns with the safety of all other users in the harbor. She noted there are still issues with location, the number of permits allowed, controlling private use, wakes as well as others. She asked that the Harbor Commission consider all of the issues and all harbor users. There being no others wishing to address the Harbor Commission, Chair Avery closed public comments. Commissioner Blank commented on the speed and wake issue noting that the operation will not be allowed to exceed the speed limit or create a wake in its daily operations. In response to Commissioner Girling's inquiry, Commissioner Kenney reported that the committee will return with a report to the Harbor Commission on October 13, 2014, and collectively, recommendations will be formed that will be presented to Council. He added there is a six-month moratorium on new commercial permits and the goal is to present to Council in late October so that they can act upon it by the end of November. Commissioner Girling noted the importance of being a welcoming harbor and encouraging all sorts of activities in the harbor. He stated he would like to see studies related to noise including decibel levels of this operation as it relates to other operations in the harbor. He acknowledged impacts on property values if homeowners would have to disclose the constant noise outside their residences. He added that the Commission would benefit from quantifiable data enabling it to come to a conclusion. Council Member Gardner noted that the Commission could request Council to authorize funds for a noise study. Commissioner Kenney reported that if the Commission elects to make a recommendation to allow this type of use, conditions could be placed upon the user at that time. Then it would be a Code Enforcement issue. Chair Avery commented on the increasing intensity of harbor use over the years and reported that code enforcement is basically non-existent in the harbor as there are few complaints received regarding noise. He expressed concern with the intensity of use and addressed jet ski operators. He noted the need to balance residents' concerns with business operations. He suggested that the Newport Dunes lagoon would be a perfect place for the operation of Jetpack America. The report was received and ordered filed without objection. 2. Harbor Commission Goals: Review 2013-14 Goals, and Form an Ad Hoc Committee to Create 2014-15 Goals Commissioner West will review the Harbor Commission's Goals from 2013-14. The Commission will form an ad hoc committee to create goals for 2014-15. Recommendation: 1) The Harbor Commission will form an ad hoc committee to create goals for 2014-15. Commissioner West summarized the progress of the Commission against the 2013/2014 objectives. He addressed the approval process of the Eelgrass Mitigation Plan and the RGP-54 noting the recent receipt of two Notices of Incompletion from the Coastal Commission which are currently being addressed. He added that the City has retained a consultant to assist in the process before the Coastal Commission, and it is hoped that the Coastal Commission will act on the matter in January 2015. He addressed each objective and provided highlights of related actions towards completion/progress of same. Additionally, he added two additional points noting that although they were not in the approved formal objectives, the Harbor 3 Commission was directed by Council to consider the concept of floating docks and water taxis and report back to Council. He provided an update on the two. s Chair Avery opened public comments. j Len Bose asked that the Harbor Commission consider alternative anchorage systems at Big Corona for day mooring. I There being no others wishing to address the Harbor Commission, Chair Avery closed public comments. Commissioner West offered to carry on with an ad hoc committee to help develop a draft of proposed j objectives for next year. Commissioners Blank and Kenney offered to join the ad hoc committee. Commissioner Stapleton commented on the matter of derelict vessels and the overhang issue related to I Bulkhead and Pierhead Lines. Discussion followed regarding the need to narrow the focus on the latter concern. Chair Avery reconfirmed his interest in Objective No. 8 relative to the North Lido turning basin and anchorage. Commissioner West commented on concerns with the charter fleet and asked for help in focusing investigation regarding that concern. Chair Avery stated he would like to see a partnership between the City and the industry and looking towards what would work in the future. He felt there is a lack of oversight on charter fleets and suggested researching the practices in other cities regarding charter fleets. He noted the importance of a healthy industry and making the harbor a welcoming place. Commissioner West suggested an objective of facilitating a dialogue with the charter industry. Commissioner McIntosh wondered if the Harbor Commission should become involved or make it an issue on its objectives when the only launching ramp in the City decides to close the ramp during an event and tells people to go to Dana Point. Council Member Gardner noted this is an issue that the Harbor Commission could make an objective if it so desired. Chair Avery suggested that the ad hoc committee explore some sort of regular Code Enforcement in the harbor, beyond the Harbor Patrol. Brief discussion followed regarding developing a Cruising Guide and the possibility of hiring an outside consultant to produce it. Motion: Commissioner Girling made a motion to approve the formation of an ad hoc committee to create goals for 2014-15, consisting of Commissioners West, Blank and Kenney. Commissioner McIntosh seconded the motion, which carried with 7 ayes and 0 noes. Approved. 7) SUBCOMMITTEE REPORTS Commissioner West indicated that it is his understanding that the Lower Castaways RFP has been issued and is pending. It was noted that it has been issued and is due next week. Harbor Resources Manager Chris Miller reported that the RFP is for a landscape architect to design a park and they would, in turn, have a sub-consultant to help from a waterside perspective. The current design will be refined to a constructible design and will go through the CEQA process. 4 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Council Member Gardner reported that Council would like the Harbor Commission to look at mooring revocation and late fees. The matter will return to the Harbor Commission within the next few meetings. She reported that EQAC will be refining its proposals for the year as far as quality of life issues in the City, and they are asking Council to take a fresh look at noise standards. Additionally, she commented on water taxis and noted there is not a lot of support for that idea. Council Member Gardner commended the Harbor Patrol for"turning a blind eye" relative to suiting during the recent big waves. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller commented on the recent large waves and reported that the bait barge operators asked whether they could move if needed, and he confirmed that the barge could move. He commented on the Eelgrass and RGP-54 issue noting that staff is responding to its second incomplete application letter from the Coastal Commission. Council Member Gardner noted there has never been anything sent to the Coastal Commission that does not come back with an "incomplete". Mr. Miller provided an update on Marina Park and announced a meeting of the Tidelands Management Committee on September 17, 2014, at 4:00 PM and addressed items that will be on the agenda. He provided an update on the water bus issue and addressed an RFP for marina management for the Balboa Yacht Basin and commented positively on the work of the current management firm. Additionally, he addressed an RFP for marine consulting services, for many harbor-related services and marina-management software. Discussion followed regarding a pump running continuously at Newport Bay Marina and another pump at Marina Park. Brief discussion followed regarding management of Marina Park and amenities for same. Mr. Miller reported that the November meeting of the Harbor Commission will be scheduled for November 17, 2014. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Len Bose commented on noise related to races on the harbor and suggested asking each yacht club to work together to determine the noise level of sound systems and commented on sea lions coming in when the large waves came in. Harbor Resources Supervisor Shannon Levin reported that the sea lion patrol will be going out this weekend. 11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,ACTION OR REPORT (NON-DISCUSSION ITEM) - None 12) DATE AND TIME FOR NEXT MEETING: Monday, October 13, 2014, 6:30 PM 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:00 PM. The next meeting of the Harbor Commission will be held on Monday, October 13, 2014, at 6:30 PM. 1 5