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Home My WebLink About2/23/2015 - Harbor Commission NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Oasis Senior Center, Room 1 Wednesday, February 23, 2015 4:00 PM 1) CALL MEETING TO ORDER The meeting was called to order at 4:10PM. 2) ROLL CALL Commissioners: Brad Avery, Chair David Girling Duncan McIntosh Joe Stapleton Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Analyst 3) PLEDGE OF ALLEGIANCE 4) PUBLIC COMMENTS—Non-agenda Items A comment was made regarding the Shellmaker barge that is sunk in J-Field. Brian Ouzounian commented that the City's rental of moorings is a City Council policy decision, and not law. Jim Mosher commented on the Brown Act and how it may affect the meeting attendance and discussions. 5) APPROVAL OF MINUTES— None. 6) CURRENT BUSINESS 1. Disestablish the Mooring Ad Hoc Committee At the February 11, 2015 harbor Commission meeting, the Commission established a Mooring Ad Hoc Committee to review the administration of the moorings and to recommend a path forward to the Commission. Three Commissioners were selected for this ad hoc committee which then left one Commissioner excluded from the ad hoc committee process. Therefore, to create efficiencies and to maximize Commissioner participation, the Harbor Commission will disestablish the Mooring Ad Hoc Committee, and will instead, hold regular, publicly noticed Harbor Commission meetings to discuss the mooring topic on an as-needed basis with the entire four, non-conflicted Commissioners. Recommendation: 1) The Harbor Commission will disestablish the Mooring Ad Hoc Committee previously established on February 11, 2015. Motion: Commissioner McIntosh moved to disestablish the Ad Hoc Committee and Commissioner Stapleton seconded the motion. Chair Avery opened the discussion by stating that the mooring topic was complex, and will require input from all interested parties to arrive at a consensus. He also stated that his previous comments made a recent Council Meeting were meant to invoke discussion of alternate ideas, and that he was not intent on pushing any particular idea forward on his own. Rather, he will rely on the judgment of the entire Commission who will carefully weigh the public's input. He has an open mind, and has not made any predetermined decisions. Jim Mosher commented on the process of the meeting. Chris Miller commented on the process and procedures for this meeting and others which will follow. The Commission voted 4 ayes. Motion carries. Z Mooring Review The Harbor Commission will discuss mooring administration in Newport Harbor along with all of the rules and regulations concerning moorings. The Commission will eventually forward their recommendations to the City Council at a later date. Recommendation: 1) Receive and file. Chair Avery opened the item stating that there are many issued involved with the discussion and it is best to start with one issue at a time, namely transferability of moorings. Avery opened the discussion regarding mooring transferability. Commissioner Girling addressed State Lands Commission's concerns. What would trigger State Lands to take action? Girling will follow up and report back to the Commission. Commissioner Avery asked to speak up for consideration of any new concept. George Hylkema asked for show of hands as to who acquired a mooring from the wait list. One permittee raised his hand. Hylkema added the waitlist doesn't exist in this marketplace. Roger Gooding complained about people who don't have boats on the moorings, and added that long ago, if a mooring was advertised for sale, it would be seized by the City. Richard Dorn commented on the equality compared to pier owners. Pier permittees can rent out their docks but mooring permittees cannot. Don Beatty commented that if the City wants to keep boating affordable, then there should be more rental boats in the harbor. Patricia Newton, who acquired a mooring in 2009, commented that it is reasonable and fair to allow transfers, suggested the marina index be eliminated, recommended Avalon model for transfers, and remarked that it is not a gift of public funds when moorings are transferred. Megan Delaney commented that no one would begrudge bay front homeowners from making a profit by renting their piers, so why would City complain if mooring permittee wants to make a profit? Duncan McIntosh commented that with current fees some mooring owners are paying more than 4x what the dock permittee is paying. A comment was given regarding a fee to be on the waitlist, and the ability to sell a mooring, and reduced annual fees. Marlene Pippin commented that boating is an investment. Vacant moorings drive speculation when boating should be made affordable. Rules should require an operable boat on each mooring. Increased fees lower the amount of money invested into boating. Dave Girling questioned the correlation between eliminating speculators and getting boats back on moorings. Don Protenza added that requiring boats on moorings drives up the number of derelicts, and that restricting the timeframe for transfers to keep out speculators. Jasmine Lumnis commented that she may not get her money back on her mooring and that it is not fair that moorings can't be rented while boats are off the mooring. Duncan McIntosh commented that by not requiring boats on moorings then it helps eliminate the derelict population. John Fradkin commented that the City should hold an auction every couple months. Public can bid on moorings that they're interested in, and the City could collect some kind of transfer fee. He added that the City ought to consider low interest loans to people who want to get into moorings to make them even more affordable. Chip Donnelly added that the Harbor Commission's Mooring Master Plan Subcommittee examined fees and transfers before 2010, and the Commission should revisit their recommendation. Dan Gribble commented on the loss of the investment calling it an ethical issue since the invested value evaporated. He also disagreed with the previous Council who voted against the will of the people. A comment was given that most people use their mooring, and a transfer fee is required. If moorings are considered secure then rates will go back up. Brian Ouzounian questioned the rule against having two people on the mooring permit. Megan Delaney said that there is no incentive to give up a mooring since there is no recoup of invested costs. 2 A comment was given regarding the possibility of charging a flat percentage for a transfer fee. Carter Ford added that when moorings weren't required to have a boat, it did decrease the number of derelict vessels, and that the rule is an anti-nuisance ordinance. He also commented that Avalon assists with transfers through a City-managed website. Dan Gribble asked what funds the Harbor revenues are put into. Jim Mosher asked if the transfer could affect Possessory Interest Tax issues. Carter Ford added that many of the harbor revenues were spent on non-harbor related tidelands expenses, like lifeguards etc... Chip Donnelly noted that charging a percentage of the transfer fee is like saying we are transferring value back to the public. Sara Abraham noted that she has a friend at the Dunes who pays $75 per night. We are only charging $26 per night for rental. City should consider raising fees. Summary comments by the Commission: Joe Stapleton commented on transfers, transparency and fees. Duncan McIntosh noted that he doesn't have a problem with transfers, and supports concept for change. Dave Girling noted that he doesn't have a history with moorings, and was listening intently to everyone's concerns. He suggested that staff look into how golf clubs transfer memberships since it's similar. He also commented on rentals and why aren't the permittees compensated? He is concerned with fairness. 7) SUBCOMMITTEE REPORTS None to report at this meeting. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES None to report at this meeting. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES—None to report at this meeting. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER—None to report at this meeting. 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: To be determined, but staff is looking into room availability for either March 9 or 12. The group requested a later meeting time to accommodate people's schedules. 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at approximately 6:OO13M. The Harbor Commission will also be meeting on Wednesday March 11, 2015 at 7PM. 3