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HomeMy WebLinkAbout14-10-13 Meeting Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Monday, October 13, 2014 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 PM. 2) ROLL CALL Commissioners: Brad Avery, Chair Paul Blank David Girling Bill Kenney Duncan McIntosh (Absent) Joe Stapleton Doug West Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor(Absent) Kelsey Kenz, Public Works Administrative Specialist Council Liaison: Council Member Nancy Gardner 3) PLEDGE OF ALLEGIANCE —Chair Avery 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—September 10, 2014 Minutes Motion: 6 ayes, 0 noes and 1 absent. Approved. 6) CURRENT BUSINESS 1. Water Propelled Vessels:Ad Hoc Committee Recommendation The Water Propelled Vessel Ad Hoc Committee will present their recommended course of action on this issue to the Harbor Commission who will then form a recommendation to forward to the City Council. Recommendation: Approve the Water Propelled Vessel Ad Hoc Committee's recommendation and forward to the City Council. Commissioner Stapleton recused himself from this matter due to a potential conflict with Stapleton's involvement with the Chamber of Commerce as one of the subject operators is a member of the Chamber. Stapleton departed the Chambers. Commissioner Kenney provided a report addressing definitions, types of devices, current operator, background, related Council actions and directions, makeup of the ad hoc committee, issues to be studied, community outreach meetings, assessment by the Coast Guard whether to regulate these types of vessels, results of observations by the ad hoc committee, restrictions placed on the commercial operation of these types of vessels in other areas, types of equipment currently available, training and safety practices of each existing operator, and public concerns. He referenced an email from Steve Rosansky, President of the Chamber of Commerce, in support of Jetpack America and water-propelled vehicles allowed in the Harbor, and he read it into the record. Commissioner Kenney reported that no specific location within the Harbor, could be designated for this type of use, and activity could exceed current speed restrictions in the Harbor. Additionally, he noted there is potential for accidents and injuries. He added that because the vessels or equipment can be operated outside of the Harbor, commercial operators would still have an economically viable business model if the Harbor Commission and/or Council elect to restrict this type of activity. He presented the Commission's recommendation that both the commercial and private operation of vessels propelled by water, above the surface, be prohibited within Newport Harbor. Discussion followed regarding the Coast Guard's determination, studies in regards to noise, difficulties regarding obtaining a Code Enforcement noise assessment, whether the current operator permit will be amended, and providing general recommendations to Council. Harbor Resources Manager Chris Miller reported that the current permit expires in May 2015, and depending on Council's action, that specific permit will be handled at the City Council level. Ensuing discussion pertained to what would happen to the current operator should Council approve the Harbor Commission's recommendation. It was noted that there is currently an operator that conducts business solely outside of the Harbor. Customers are picked up at a dock and the operation occurs outside of Big Carona. Mr. Miller added that no one would be allowed to operate a commercial business from a public dock. Special events/circumstances are considered/approved on a case-by-case basis. He added that he would not recommend granting exceptions. Brief discussion followed regarding parasailing and Jet Ski operators in the area, and speed limits that need to be achieved for Jetpacks. Chair Avery opened public comments. Dean O'Malley, Jetpack America, stated his willingness to work with the City regarding this matter. He reported working closely with the Coast Guard in San Diego in efforts to set up a national standard for safety and protocol. He requested continuing the matter in order to allow for the Coast Guard to set rules in place, applying not only to Newport Beach, but across the country. He reported that the company is flexible and brings a different kind of draw to the City. Mr. O'Malley reported they are able to move the operation around and will try to be respectful of neighbors in terms of noise. He added that moving the operation onto the ocean will bring new safety concerns. He reported that they are considering moving the operation to other cities, and stated that having access to docks would help. Additionally, he hoped to be given a chance to prove that their operation can work. Mr. Miller reported that the Commission may postpone the decision at this time. However, there is a moratorium in place for the City to accept incoming applications, and Mr. Miller addressed the timing for Council consideration and rollout. Judy Cole urged the Commission to accept the ad hoc Committee's recommendation noting that this is not only about one business, but rather what is best for the Harbor and its users. Jim Haas, Coast Guard Auxiliary District Director Chief for Prevention, reported that this matter is new to them and they are trying to gather facts at this time including safety factors and types of licensing needed. He reported working with the Coast Guard in San Diego to develop a plan and determine how the Coast Guard feels about this issue. Billy Whitford, Newport Aquatic Center, noted that safety is an issue of great concern, especially as it relates to private operators. He added that the practice is not a "fit" in the harbor especially as it is not regulated and there are many human-operated vessels in the Harbor. He reported that a more appropriate area for operation would be outside of the Harbor and at Big Corona. There being no others wishing to address the Harbor Commission, Chair Avery closed public comments. Motion: Commissioner Blank made a motion to approve the Water Propelled Vessel Ad Hoc Committee's recommendation and forward to the City Council. Chair Avery seconded the motion, which carried with 6 ayes, 0 noes and 1 absent. Approved. Chair Avery commented on the increasing intensity of use in the Harbor and the need for balance. He thanked Mr. O'Malley for his cooperation. Commissioner Kenney added that it was a difficult decision to make, and commented on the importance of safety on the water. 2. Harbor Commission Goals: Review Proposed 2014-15 Goals The Harbor Commission Goals Ad Hoc Committee will review the proposed Commission goals for 2014-15 and will recommend approval. Recommendation: Approve the Harbor Commission 2014-15 Goals Ad Hoc Committee's recommendation. Commissioner West referenced comments received from the Harbor Commission at the last meeting and presented details of twelve objectives for the Commission's consideration. Some are carried over from last year, some have evolved and some are new. In addition to listing the objectives, he addressed the suggested Commissioners making up the Ad hoc committees for each. Discussion followed regarding party boats, overhangs, reviewing the Harbor Element and Harbor Management Plans, and creating a partnership with the Harbor business community. Council Member Gardner commented on the importance of maintaining Harbor-related businesses in the City and the issue regarding overhangs. Commissioner Girling stated that he will join Commissioner McIntosh in the Ad Hoc Subcommittee regarding Objective No. 10. Commissioner West agreed with the need to maintain a focus on Harbor businesses. He noted that Objective No. 7 deals with that issue, to an extent. Council Member Gardner suggested that referring to the Harbor Element and Harbor Management Plans would be a good foundation. She added that there will be big changes towards the beginning of the year and that the Harbor Commission will have a big role in bringing new Council Members up to speed. She suggested a goal of protecting businesses vital to the continuation of boating on the harbor. She added that City Council will review the Commission's objectives and there could be creative thinking at that point. In response to Mr. Miller's question, Council Member Gardner indicated that it would be beneficial to wait until the new Council to present the Harbor Commission's goals and objectives. Discussion followed regarding addressing the objective relative to maintaining Harbor businesses. Commissioner Blank suggested replacing the objective regarding the Harbor Summit with the goal of protecting businesses vital to the continuation of boating on the harbor. Council Member Gardner added that the Harbor Summit could evolve into a strategy for achieving that goal. Discussion followed regarding having Commissioner Stapleton lead that subcommittee. Commissioner West indicated that Objective No. 7 is evolving to address the preservation of Harbor-related businesses. He stood down as a member of that Subcommittee and added Commissioner Stapleton to same so that the Subcommittee would include Commissioners Blank, Girling and Stapleton. Discussion followed regarding Objective No. 4 (vessel overhang). It was noted that if the Harbor Commission does not do something on the issue, it will be decided by default. Chair Avery agreed that the issue needs to be addressed. Discussion followed regarding boats parked in the Bay Club and the fact that there are no current limits. Mr. Miller added that the Commission could decide on a specific overhang rule, measured in feet, or one that varies for different areas in the Harbor. Commissioner West stated that an objective should be made regarding an overhang limit. Council Member Gardner commented on the work done by former Commissioner Rhyne on the matter, and suggested contacting her and asking her to provide a proposal which the Commission could then consider. Discussion followed regarding identifying an ad hoc committee to work on the issue. Commissioner Blank commented on Objective No. 5 relative to public outreach, and opined that progress has been made on the issue. He wondered when that objective could be declared complete. Commissioner West agreed that it may not be necessary to carry it as a specific objective but could be the new culture of the Harbor Commission. Commissioner Girling noted that of all the objectives, that one is potentially ongoing and noted the need to stay focused on it. Council Member Gardner noted that the Commission reaching out to the public must be careful that it is not reaching out on behalf of Council as well. She added that itis a delicate path and suggested being cautious. Commissioner West suggested eliminating Objective No. 5. Chair Avery reported that the list will continue to be refined by the ad hoc committee. Commissioner West reported that he will also work on the language for Objective No. 7. Mr. Miller noted that this item will be continued and will be brought to the Commission at its meeting in November with the goal of presenting to Council in January 2015. It was noted that the Chair will make the presentation to Council. Chair Avery opened public comments. Pete Swift, Swift Slip Dock and Pier Builders, commended the ad hoc subcommittee for its work and placed emphasis on Objective No. 1 relative to the issue of eelgrass. He reported that every permit seeks to make the area smaller which in turn promotes larger boats. He added that it is difficult to rebuild boat docks, and the biggest weapon against rebuilding docks is the eelgrass. He encouraged the Harbor Commission to continue a program relative to eelgrass. He addressed the costs of mitigation and noted the importance of the issue. There being no others wishing to address the Harbor Commission, Chair Avery closed public comments. 3. Dock project The applicant proposes to reconfigure the existing dock and pier at 1322-1324 East Balboa Blvd. The subject pier is a shared residential pier. Recommendation: Advise staff and provide comment on the proposed dock and pier configuration. Harbor Resource Manager Miller provided details of the report addressing location, property lines, existing conditions, dimensions of the existing pier and the proposed pier, background, conditions allowing encroachment into the street-end, proposed configuration, limits on the size of vessel that could side-tie on either side, and the possibility of establishing a beam-width limitation. He reported receiving a letter of support for the project from 1320 East Balboa Blvd. and reported that since this has been previously allowed, staff is requesting feedback and ideas from the Commission to permit the application. In response to Commissioner Girling's question regarding why a boat was allowed to pull in closer, Mr. Miller suggested letting the applicant reply. Additionally, Commissioner Girling asked if the boat on the west side of the pier would be allowed to encroach on 1320 East Balboa Blvd. Mr. Miller responded that it will not and that the intent is for the vessel not to encroach. Discussion followed regarding having pictures displayed in the future rather than an aerial photo, recommendations in the staff report for 15 feet on the east and 10 feet on the west, this being an unusual case, public street ends, and the importance of maintaining public access to the Harbor. Mr. Miller noted that if this were a new applicant, it would not be allowed. However, since it is an existing pier, staff supports the project and approval is recommended. Discussion followed regarding visual encroachments. It was noted that with a 15 foot beam, the boat would be limited to 32 feet and that it is uncommon for a 32 foot boat to have a 15 foot beam. Commissioner Kenney reported that staffs recommendation is to keep a 10 foot beam on the east side. He suggested a restriction may not be necessary on the west side as long as the boat does not cross the property line. Commissioner Blank clarified that it is 15 feet on the west side and 10 feet on the east side. Mr. Miller stated that in theory, there should not be a beam restriction on the west side because the property line is somewhat like a fence that goes out into the water, which by default, restricts the beam allowed. Discussion followed regarding whether the applicant would accept a 10 foot beam on the east side, existing fenders and the rationale of moving it closer. Chair Avery invited the applicant to address the Commission. Tom LeBeau, applicant, reported that the project is designed to create greater access for everyone. He added that on the street side, there is a storm-water outflow pipe and addressed the primary view. He reported that pulling the boat landward opens up access and commented on the objectives and rationale of the project. Chair Avery expressed concerns with the public water in front of F Street. He stated the need to ensure that the public gets some renumeration for the loss of water. Mr. Miller referenced Council's direction to only charge for the float, the gangway and the pier. Mr. LeBeau stated they are paying for the float. He added that the pier, gangway and float will be smaller than what currently exists. Discussion followed regarding existing and proposed measurements, ensuring that the public is not negatively affected, moving the patio closer in to provide better access on the west side, the possibility of moving the float, existing shore moorings and the possibility of going to a 13 foot beam. Mr. LeBeau indicated he is willing to work with staff and the Harbor Commission on this issue. It was noted that as boats get wider, they get exponentially larger. Ensuing discussion pertained to the need to work together to find a solution agreeable to all, limiting the beam to 13 feet. Mr. Miller clarified a restriction of a 13 foot beam on the east side and 32 feet long on both sides (current conditions). Member of the Commission concurred to approve the project as discussed above. 7) SUBCOMMITTEE REPORTS Commissioner Blank reminded the assembly of a special Harbor Commission meeting on Saturday, November 15, 2014, at 8:30 AM in the conference room of the Harbor Patrol Center. The meeting will be subject to the Brown Act and light refreshments will be served. The Commission will recess and reconvene on the ferry for a tour of the Harbor. He distributed talking point assignments and the route. It was noted that there will be a regular Harbor Commission meeting on Monday, November 17, 2014. Commissioner Blank added that ferry capacity is limited and that spaces will be allotted on a first-come, first-served basis. If everyone cannot be accommodated, a second similar meeting will be held in the future. Discussion followed regarding noticing for the special meeting and providing publicity including an announcement on the City's website. It will be placed on the City calendar and the agenda will be posted in the usual places. It was suggested to give the information to the City's Public Information Officer as well as City Manager Kiff to include in his weekly email. Ensuing discussion pertained to distribution lists and the possibility of merging the various lists. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Council Member Gardner reported that the Planning Commission approved the Balboa Marina West project. She suggested that the Harbor Commission may want to speak at the Coastal Commission meeting relative to the new public dock. She commented on the experience of Commissioner West on the issue of eelgrass and felt that his expertise may be beneficial. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported that staff is currently reviewing proposals for a marine engineering consulting firm to design docks and help with permitting and water-quality issues. He added that an RFP was issued and staff will be evaluating the responses and develop a recommendation. Additionally, he provided an update on eelgrass and the RGP-54 as well as on the topic of the water bus, the public pier project and finials. Commissioner Kenney commented on the art deco design of the public pier finials, and commended staff for improving the docks. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER- None 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, November 17, 2014, 6:30 PM (different day than usual) 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:24 PM. The next regular meeting of the Harbor Commission will be held on Monday, November 17, 2014, at 6:30 PM.