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HomeMy WebLinkAbout2/11/2015 - Harbor Commission NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, February 11, 2015 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 William Kenney, Jr. Duncan McIntosh Joe Stapleton Doug West Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Analyst 3) PLEDGE OF ALLEGIANCE—Vice Chair Blank Chair Avery explained the process for tonight's consideration of forming a Mooring Ad Hoc Committee, noting that several Commission Members will need to recuse themselves for possible conflicts of interest. 4) PUBLIC COMMENTS—Non-agenda Items Jim Mosher commented on Item No. 6.3 and expressed appreciation to staff for following up regarding what looked like a crack in the quartz stone, adding that it is not. In addition, he reported that City Council recently visited the residential pier issue and set a new rental formula for the piers in which owners will be charged fair market value but only for tidelands under the float and the gangway. He addressed the traditional reason why there was not a tax or fee on private piers over public water, and commented on whether there needs to be anything in the Harbor Code that clarifies the public's right to access private property in the Harbor in the event of an emergency. 5) APPROVAL OF MINUTES—January 14, 2015, Minutes Chair Avery opened public comments. Chair Avery closed public comments. Motion: Commissioner West made a motion to approve the minutes of the Harbor Commission meeting of January 14, 2015, as submitted. Commissioner Girling seconded the motion, which carried with 7 ayes, 0 noes. Approved. 6) CURRENT BUSINESS Harbor Resources Manager Chris Miller asked each Commissioner needing to be recused to state the reasons for their recusals. Commissioner Blank stated that he has a conflict as he is a mooring permittee. Commissioner West stated that he has a conflict as he is Vice Commodore of the Balboa Yacht Club which is a mooring permittee. Chair Avery stated that he is a member of Newport Harbor Yacht Club which is a mooring permittee. Commissioner Kenney stated he is a member of Balboa Yacht Club, which is a mooring holder. Harbor Resources Manager Miller reported that the Harbor Commission was directed to evaluate the mooring topic and return to Council with a recommended path forward. He explained that since four Commissioners have conflicts, establishing a quorum would not possible. Therefore, the four Commissioners will draw cards and the one with the odd card will be able to participate in the formation of a Mooring Review Ad Hoc Committee including being a part of same, if desired. Chair Avery noted that the process was described by the City Attorney. Mr. Miller added that the law recognizes this process as a way to solve the problem of having a quorum when there are multiple members with conflicts of interest. Manager Miller added that the Mooring Ad Hoc Committee may have up to three members on it. Commissioner West noted that as an officer of the Balboa Yacht Club, in which he is involved in its day-to- day operations, his circumstance is different than the three other Commissioners and that even if he draws the card, he should not participate in the formation of the Committee or vote for same. He recused himself from the entire process but then clarified that if he gets the card, he could vote and help in the formation of the Ad Hoc Committee. But he does not want to be in the pool as a potential Committee Member. It was noted that City Council referred the matter to the Harbor Commission for it to provide input, and if four Commissioners are unable to do so, it would defeat the entire purpose. Manager Miller noted that the City Manager and some Council Members are aware of the issue and reported that there is no other way to have a quorum and vote if there are four Members conflicted. Commissioner West confirmed that he will participate in the formation of the Ad Hoc Committee and voting for same, if he draws the odd, but that he will not be part of the Ad Hoc Committee. Chair Avery drew the odd card and will participate in hearing the matter. Vice Chair Blank and Commissioners West and Kenney departed the Chambers. 1. Mooring Review-Ad Hoc Committee Formation At the January 27, 2015 City Council Study Session, staff presented a recap of the recent changes to the City's administration of the moorings, as well as the residential and commercial piers in the harbor. As a result, the City Council directed the Harbor Commission to study the moorings, and to return to the City Council with a recommended path forward. Recommendation: 1) Establish a Mooring Ad Hoc Committee to evaluate the City's current administration of the moorings, and to make recommendations to the Harbor Commission who would then forward those recommendations to the Council for consideration. Manager Miller provided a PowerPoint presentation including a brief background and addressing tidelands, the Beacon Bay Bill, distinctions within the waterways, how Tidelands are managed, the City's obligation, tidelands examples, an overview of recent fee changes, public moorings, transfers, current fees, short-term mooring rentals, the"Avalon Approach", Mooring Master Plan Subcommittee and Harbor Commission recommendations, commercial piers, the commercial pier current fee structure, commercial pier examples, and options for consideration. He suggested using the existing work already completed by the previous committee and building upon it instead of starting from scratch. He commented on the possibility of the Ad Hoc Committee generating a recommendation to Council by April. Motion: Commissioner Girling made a motion to establish a Mooring Ad Hoc Committee to evaluate the City's current administration of the moorings, and to make recommendations to the Harbor Commission who would then forward those recommendations to the Council for consideration. The Committee would be comprised of Commissioners Girling, McIntosh and Stapleton. Commissioner Stapleton seconded the motion. 2 Chair Avery opened public comments. John Gunderson reported that the ability not to transfer the mooring after 2020 is a problem for all permit holders as it cuts into their value. He opined that the City should not limit the times and the times to sell. He asked that the Commission roll back fees to where they were. Ross McElfresh reported emailing Members of the Commission with some ideas for consideration, and expressed concerns with the extravagant increases in fees. Additionally, he commented on the possibility of adding amenities and dinghy docks, and expressed concerns regarding the City collecting money on permittee's ground tackle. Regarding the latter, he suggested that the City purchase the ground tackle and rent it out as it sees fit. Stacy Klein reported purchasing her mooring several years ago and asked that the Harbor Commission consider allowing the transferred moorings so that she may be able to sell her mooring in the future, as she has no one to bequeath it to. She commented on the fees noting they are starting to get exorbitant, and on mooring practices in the State of Hawaii. Don Potenza commented on the importance of being able to transfer moorings, especially upon the sale of a vessel. He added that if you don't have a place to store a boat, it is extremely hard to sell it. He asked that the Harbor Commission maintain transferability with the sale of a boat. He expressed concerns regarding the increased fees, and agreed that a reasonable transfer fee should go to the City when a mooring is transferred. Wally Cook urged the City to consider having moorings on an open market basis. He added that Avalon uses that system and that it works well. Mark Gross stated he does not have a mooring, but would like to get one and commented on the waiting list not moving. He opined that the City should make money on the moorings as they own the property. Bob Ganion commented on the transferability of moorings in terms of inheritances. He added that his boat and mooring are in a trust and stated that when that gets inherited, if they don't have a place to keep the boat, it will be gone. He addressed the difference between moorings and dry storage and on slip fees. He added that there should be a cap on fee increases and it should be based on the length of time a person has had the mooring. Chris Scott reported buying a boat that came with a mooring permit 44 years ago and stated he prefers the original rules. He added that in those days, moorings were not to be sold and that they were permitted so average people could enjoy the waterfront along with people who had money. He stated opposition to the changes, adding that he liked the old rules best. Mr. Scott added that he would like to get a parking permit. Nate Coleman suggested that the City allow moorings to be transferable and not try to grind current owners on fees. Cindy Bohman spoke in support of capping the number of moorings that can be purchased or traded and expressed concerns regarding increased mooring fees. Robin Timmons distinguished between people who can afford boats and moorings vs. live-aboards who are on a limited and fixed income, and felt that the City should separate the two and assign fees, accordingly, as in a tiered fee system. Roger Gooding commented on the rules changing through the years and reported there are many inoperable and derelict boats occupying moorings. He added that if boats do not operate, they should not be there and alleged that the City has sold moorings through a sealed-bid process. George Hylkema reported visiting the Harbor Department and asking to be placed on the waiting list. He was told that the City is just now beginning to serve people who signed up in 1970. He added that the 3 market place does work, and that moorings are available. He commented on transferability and on the benefits of the market place. Steve Transki commented on past practices relative to moorings and reported that many people clogged the waiting-list system, trying to turn a profit. He suggested that the City set a limit as to how many times per a specified period of time that a mooring could sell. Richard Dorn noted that prior rules from the State dictated that charges for everyone using the tidelands needed to be equitable. He asserted that mooring permit holders cannot rent when pier permittees can rent their piers. While mooring permit holders cannot transfer the mooring, residential pier owners can transfer their permits with the sale of their houses. He stressed that the system is not equitable and should be addressed from an equity position. Len Bose encouraged Commissioner Girling to chair the Mooring Ad Hoc Committee. Mike Hill commented on waiting lists noting that they are a problem no matter where you are. He suggested going to market to find the solution, the way that the City of Avalon does. Carter Ford complemented the Mooring Master Plan Subcommittee for its work. He asserted that it is not impossible for someone of limited means to have a boat on a mooring. He encouraged the City to look at renting moorings and hoped that the City gets the message about transferability of moorings, with sensitivity to the Avalon benefits. Scott Carlin compared practices in San Diego and mooring fees in San Diego noting that they provide access and they also maintain the mooring and tackle. He added that the fair rate for Newport Beach moorings should be half of what it is and commented on transferability. Council Member Duffield addressed the audience noting that residents have an opportunity to make a change and commented positively on the work of the Harbor Commission. He urged residents to express what they want. He noted that the waiting list does not work but that working together, a solution can be found. He added that the solution needs to be logical, reasonable and economically feasible for the City. A speaker noted that government serves the people and that a solution should be good for the City, and for residents as well. Roger Gooding expressed concerns that the waiting list does not work and felt the audience is not representative of the City. Chair Avery closed public comments. The motion carried 4 ayes, 0 noes, and 3 recusals. Approved. Manager Miller reported that the information will be placed on the City's website and recommended that the Committee meet as soon as possible. He added that a chair may be selected at the Committee's first meeting. Commissioners Blank, West and Kenney returned to the Chambers and took their places on the dais. 2. Harbor Commission Pairings with the City Council and Other Commissions, Boards and Committees Each year, the Harbor Commission typically assigns individual Commissioners to pair with individual Council Members in an effort to promote awareness of the various issues that might affect both bodies, particularly harbor related items. In addition, the Harbor Commission may also consider assigning individual Commissioners as liaisons to other Commissions, Boards and Committees within the City. 4 Recommendation: 1) Approve the Harbor Commission's pairing assignments with the City Council; and 2) Approve the Harbor Commission's pairing assignments with other City Commissions, Boards and Committees, if desired. Commissioner Blank reported he is paired with Council Member Peotter. Commissioner Girling reported he is paired with Mayor Selich. Commissioner West indicated that he is paired with Council Member Muldoon. Chair Avery stated he is paired with Council Member Petros. Commissioner Kenney reported his pairing with Council Member Curry. Commissioner Stapleton reported he is paired with Mayor Pro Tem Dixon. Commissioner McIntosh reported his pairing with Council Member Duffield. Discussion followed regarding informing Council of the individual pairings. Chair Avery suggested that each Commissioner inform their respective Council Member. Commissioner Blank added that he is the Harbor Commission' representative to the Tidelands Management Committee. Commissioner Girling volunteered to be the Harbor Commission's liaison with the Parks, Beaches and Recreation Commission. Commissioner Stapleton volunteered to be the Harbor Commission's liaison with the Planning Commission. Commissioner Kenney volunteered to be the Harbor Commission's liaison with the General Plan/Local Coastal Plan Implementation Committee. Commissioner Blank volunteered to be the Harbor Commission's liaison with the Water Quality Coastal Tidelands Committee. 3. Cheyenne 30-Day Update (February) Per the Harbor Commission's direction at the November 2014 meeting, the Commission will review the 30-day update for the vessel Cheyenne as submitted by Mr. Chris Welsh. Recommendation: 1) Receive and file. Harbor Resources Manager Miller indicated there is nothing to add other than what has been submitted in the staff report by Mr. Chris Welsh. In addition, an update will be provided on March 11, 2015, and Commissioner Girling noted the importance of Mr. Welsh attending that meeting. 7) SUBCOMMITTEE REPORTS Commissioner Stapleton reported that he will be having lunch with the Marine Committee, through the Chamber of Commerce, to start discussing business issues that are relevant on the water and will report back. 5 Commissioner Kenney reported that the Water Propelled Vessel Subcommittee will be presenting recommendations at a City Council study session on February 24,2015. Commissioner West reported on the RGP54/Eelgrass Mitigation Plan Subcommittee noting there have been recent meetings with the Coastal Commission, and their Chief Biologist has registered some objections that could be answered by staff and the consultant. It is expected that the Coastal Commission will consider the matter on April 15th or June 15th. Commissioner Blank reported that he and Mr. Miller will make a presentation at Speak Up Newport on March 11, 2015. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Manager Miller noted that a Council Liaison is yet to be determined. Commissioner Girling will check with Mayor Selich regarding the matter. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Manager Miller addressed the upcoming Speak Up Newport event on March 15,2015 at 6:00 PM. He reported that the Coast Guard is doing an upgrade to the navigational aid at the end of the jetty and reported that the Coast Guard communicated this through an email. Mr. Miller distributed a flyer regarding the Dockwalker program. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Carter Ford addressed the importance of speaking into the microphone. 11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,ACTION OR REPORT(NON-DISCUSSION ITEM) Chair Avery requested a discussion regarding Code Enforcement, at the next Harbor Commission meeting. It was noted that the Harbor Commission's goals and objectives were presented to Council in January and were well received. A quarterly review by the Harbor Commission was suggested. Brief discussion followed regarding the possibility of changing the June meeting of the Harbor Commission, as the Coastal Commission will be meeting in the Council Chamber. 12) DATE AND TIME FOR NEXT MEETING: March 11, 2015, 7:00 PM (Note different time than usual. 13) ADJOURNMENT There being no further business to come before the Harbor Commission,the meeting was adjourned at 8:30 PM. The next meeting of the Harbor Commission will be held on Wednesday, March 11, 2015, at 7.00 PM. 6