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HomeMy WebLinkAbout15-04-08 Meeting Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, April S, 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 Resources Supervisor 3) PLEDGE OF ALLEGIANCE—Commissioner Kenney 4) PUBLIC COMMENTS Carter Ford thanked the City, staff, the Harbor Commission and residents for addressing the issue related to moorings. He commented positively on the interaction between the parties involved and noted that the sense of inclustion in the community has increased. He commented positively on Shellmaker, Inc. and encouraged the City to consider helping them to resolve the issue of the scow. Chair Avery commented positively on the work of the Newport Mooring Association and all who participated in the matter and specifically thanked Commissioners Girling, McIntosh and Stapleton for their hard work. Jim Mosher opined that mooring meetings have caused confusion relative to the regular meetings of the Harbor Commission, as they were advertised as regular meetings. He quoted from the Brown Act and commented on the Harbor Commission's lack of by-laws. He suggested that developing by-laws would be beneficial. Additionally, he addressed redevelopment of properties for other uses and announced that the Planning Commission will be considering a height overlay for the West Newport Mesa area at its upcoming meeting. Len Bose agreed with Mr. Ford's comments and thanked the Harbor Commission for its efforts in the mooring meetings. He commented on the transfer fee, using the yearly annual fee for costs and opined that using a fixed cost would be more sense than other options. He asked regarding the fee responsibility for two permit holders trading permits as well as exclusion of individual trusts. Additionally, he wondered if the topic of obtaining more moorings should be discussed in addition to renting moorings, and addressed the web page, vessels being involved with mooring trades, mooring floats and dinghies. He reported that rental pontoon boats are speeding in the Harbor. Chair Avery reported that some of the issues raised by Mr. Bose were addressed but that discussion cannot take place at this time as the matter is not listed in the agenda. Chair Avery closed public comments. 5) APPROVAL OF MINUTES—March 11, 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 March 11, 2015, as presented. Commissioner McIntosh seconded the motion, which carried with 7 ayes, 0 noes. Approved. 6) CURRENT BUSINESS 1. General Plan/Local Coastal Implementation Committee Planning Manager Patrick Alford will update the Harbor Commission on the status of the General Plan / Local Coastal Implementation Committee's progress. Recommendation: 1) Receive and file. Harbor Resources Manager Chris Miller requested that the Commission continue the aforementioned item until the Harbor Commission's meeting of May 13, 2015. It was so ordered without objection. 2. Status of Shellmaker, Inc.'s Scow "Gemini" Harbor Resources Manager Chris Miller and Shellmaker, Inc. will provide an update as to the status of Shellmaker's sunken scow "Gemini"currently on mooring J-98. Recommendation: 1) Receive and file. Harbor Resources Manager Miller introduced Lisa Miller with Shellmaker, Inc. and presented details of the staff report. He provided a status update regarding Shellmaker's sunken scow "Gemini" and addressed background,timeline and existing conditions. He added that the City's derelict boat program would not cover expenses as it cannot be used for commercial vessels. Lisa Miller, Shellmaker, Inc., reported that there was a planned scuttle, but that the Coast Guard did not cooperate. She addressed working with John S. Meek, Co. in trying to come up with a solution. Harbor Resources Manager Miller reported that Meek is a large construction company that worked on the Bay Island project and stated that Associated Pacific Constructors are dredging in the Harbor at this time. Ms. Miller stated that she can work out a trade with Meek. Harbor Resources Manager Miller reported that Meek will be working on the Marina project in August. Discussion followed regarding the size of the barge, its current condition and restrictive permit rules. Chair Avery opened public comments. Ross McElfresh, neighbor, reported he has been looking at ways to help eliminate the scow from the Harbor. He mentioned that Cal Recycle has helped, in the past, with several underwater projects and reported speaking with other organizations noting that one has a $500,000 grant that could help the City. He stated he will share the information with Harbor Resources Manager Miller. Chair Avery noted that Lisa Miller's family has a long history in the Harbor; helping the City and individual boaters with all kinds of marine emergencies and challenges. He stated that keeping businesses such as this is in the Harbor is critical. He indicated that the City should do everything it can to help with this matter and that there needs to be a plan for removal of the scow. 2 Discussion followed regarding the costs involved and it was noted that the owners have already spent $60,000. Ensuing discussion continued regarding allowing thirty days to assess the various options available and obtain cost estimates. Harbor Resources Manager Miller agreed and noted the need to keep forward momentum on the matter. He suggested that the owners provide regular updates during future Harbor Commission meetings. He believed there is a solution, but that the challenge is finding it. 3. Anchorage Ad Hoc Committee Update The Harbor Commission's Anchorage Ad Hoc Committee will give an update as to their progress to date. Recommendation: 1) Receive and file. Harbor Resources Manager Miller addressed the Anchorage Ad Hoc Committee and reported on its primary goal. He suggested considering how visiting vessels are treated (i.e. Invictus), and making recommendations for fees. At this time however, discussion should focus on a potential anchorage including location and characteristics. Harbor Resources Miller addressed current anchorage, details of ideas presented and whether the Invictus falls within the suggested anchorages. Chair Avery opened public comments. Pam Whitesides, representing five residents living in the immediate vicinity, expressed concerns regarding noise impacts. She reported that the Harbor Code indicates that when activities are considered in the Harbor, consideration must be given to the impact on the peaceful enjoyment of the nearby residences. She suggested that if the City wants a public dock in the area, that it considers placing the anchorage in a commercial area instead of on the beach. She added that the area does not flush out well and asked whether the City is considering using dye tablets. She suggested having a rule that music must be kept inside the boat and that the City consider impacts to sailboat race, stand-up paddle boarders, kayaks and swimmers. Carter Ford stated he respects and understands all of the uses and commented on the temporary anchorage, the best shape for the anchorage and the Federal channels and other boundaries of the mooring. Don Cole expressed concerns regarding noise, the large amount of commercial use on the west end, public use near the beach, additional traffic and safety. Chair Avery reported that the idea behind this is to provide more public access to visitors of the Harbor. The thought would be to do a trial anchorage and adjust it as necessary. He commented on the concerns with noise and referenced the City's Noise Ordinance. Commissioner Stapleton noted that the area can become very crowded and expressed concerns regarding noise. Harbor Patrol Deputy Sean Scoles addressed crowding in the summer, raft-ups in the turning basin and additional or special use anchorages. Commissioner Blank reported that the Federal Channel is defined and incorporating all of the water and asked that the Ad Hoc Committee consider addressing the matter. 3 It was noted that a meeting was held with the Coast Guard and they saw no problem with implementing a temporary anchorage. They were generally supportive of the idea, if it suited Newport. Harbor Resources Manager Miller reported that an application will be made to the U.S. Coast Guard who will thoroughly analyze it. Chair Avery stated that in his experience, the raft-ups are what make noise. He added that enforcement is currently complaint-based and opined that it should be less complaint-based and referenced the Invictus. Additionally, he suggested limiting the raft-ups to the eastern anchorages. Chair Avery indicated that it could allow flexibility to open and close anchorages as necessary. He stressed that this would not be done without monitoring it and without reacting to moving it to find the optimum shape and size, based on all factors. Ross McElfresh, commented on large raft-ups and wondered if Corona del Mar will be considered. Chair Avery stated that day moorings may be do-able. Chair Avery closed public comments. Commissioner Kenney stated the from a noise perspective, the issue is one of policing. Regarding dye tabs, he wondered if there is a way that the City could require any vessel, at anchor, to be subject to being boarded and having tablets put into the holding tank as a condition of anchoring. Commissioner McIntosh commented on the last raft-up party and addressed charter boats and enforcement regarding noise. Discussion followed regarding the importance of education and it was noted that discussions would be held with commercial operators as well. Ensuing discussion followed regarding pushing the anchorage northward towards restaurants and needing permission from the Harbor Patrol or raft-ups. Deputy Scoles reported that permission for raft-ups can be obtained with a Marine Event Application which is available on-line. He explained the process and rules for raft-ups and addressed enforcement. Chair Avery asked that the matter be placed on the Harbor Commission's next meeting agenda for additional review and public input. Harbor Resources Manager Miller suggested noticing mariners and heavily publicizing the topic for increased community input. 4. Cheyenne 30-Day Update (April) 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 distributed a handout submitted by Mr. Chris Welsh with an update for the vessel, Cheyenne and a summary of what the Five-Dives expedition will accomplish and where they will be diving to. Discussion followed regarding nullification of a partnership with Virgin, by the Board and a documentary by James Cameron on his dive to the Marianas Trench. It was noted that nowhere in the document is there reference to the homeport or Newport Beach. In response to an inquiry by Commissioner West, Harbor Resources Manager Miller reported that updates are to be provided to the Harbor Commission, every 30 days. He noted that the Commission will receive a full report at its meeting of July 15, 2015. 4 Commissioner Girling suggested a report earlier than July 15th with a specific timeline in order to give advance notice regarding extending or not extending the permit. Harbor Resources Manager Miller suggested inviting Mr. Welsh to attend the Commission's May or June meeting, with a complete report. Discussion followed regarding establishing an objective criteria for extending the permit, getting a timeline as soon as possible and obtaining as much information as possible. Commissioner Blank noted that there is a deadline in July and if the deadline passes, there is an opportunity to invite the applicant to reapply when the submarine is ready for testing in this area. He stated that his patience has run out and he is ready to let the permit lapse. 7) SUBCOMMITTEE REPORTS Commissioner Kenney reported attending the last meeting of the Local Coastal Plan Implementation Committee and noted it is an intensive program. Commissioner Girling reported on Lower Castaways and indicated he would like to engage California Recreation at some point. He reported that all parties are open to having a continued presence but further discussion is needed. Harbor Resources Manager Miller reported he has been communicating with the General Manager and reported that Council has conceptually approved the plan but that they still need to approve the budget. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES - None at this time. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller provided a brief update on the RGP and Eelgrass Plan, the mooring issue, General Harbor contracts and Marina Park. He added that it is sea lion season and reminded the public that they have to keep their boats sea lion-proof. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Len Bose commented on a trial time relative to dye tabs and that it was a policy, in the City, at one time. Jim Mosher spoke regarding Lower Castaways noting that the Planning Division has been renting out portions of the parking lot. He referenced a notice for the Zoning Administrator hearing to be held April 16th at 3:30 PM and that one of the agenda items is a new permit for the Bayshores community for another year. 11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner West requested a report on the RGP-54 and Eelgrass plan at the next Harbor Commission meeting. He suggested inviting the developers of Lido Marina Village to provide an update on their progress and commended Commission colleagues regarding the mooring issue. Commissioner Stapleton asked for an update report on derelict vessels at the next Harbor Commission meeting. 5 In summary, the audience supported unlimited transfers, no cost for transfers to the trust, allowing for extenuating circumstances, more than one mooring for commercial users, service fee/transfer fee, clearer reporting for revenues and expenditures of mooring related projects. Final Comments: Joe thanked everyone for attending and for providing constructive feedback. Commissioner Girling commented that it is necessary to return value to the public's tidelands. 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: April 7, 2015, 6:00 PM, Civic Center Community Room for the mooring related Harbor Commission meeting. 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at approximately 8:00 PM. The Harbor Commission will also be meeting on Wednesday April 8, 2015 at 6:30PM. 1 4