HomeMy WebLinkAbout15-05-13 HC Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES
City Council Chambers
Wednesday, May 13, 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 (Absent)
William Kenney, Jr.
Duncan McIntosh (Absent)
Joe Stapleton
Doug West
Staff Members: Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
3) PLEDGE OF ALLEGIANCE—Commissioner Blank
4) PUBLIC COMMENTS
Shanda Lear Baylor spoke regarding the need for a water taxi and addressed existing parking problems.
She asked that the Harbor Commission move the matter forward and noted she has several investors that
are eager to submit their bids. As Chair of the Water Bus Subcommittee, Commissioner West indicated he
would be happy to speak with Ms. Baylor regarding the matter, aside from the meeting.
Chair Avery closed public comments.
5) APPROVAL OF MINUTES—April 7 and 8, 2015 Minutes
Harbor Resources Supervisor Shannon Levin reported there was no quorum for the meeting of April 7th and
therefore, the Commission will only consider the minutes from April 8th at this time.
Chair Avery opened public discussion. Chair Avery closed public discussion.
Motion: Commissioner Blank made a motion to approve the minutes of the Harbor Commission meeting of
April 8, 2015, as presented. Commissioner Stapleton seconded the motion, which carried with 5 ayes, 0
noes, with Commissioners Girling and McIntosh, absent. Approved.
6) CURRENT BUSINESS
1. Kerckhoff Marine Laboratory- Update
Representatives of UC Irvine shared a nine minute historical video on the early history of China
Cove and how the Kerckhoff Marine Laboratory at 101 Dahlia Avenue came to be such a significant
contributor to science in its first 85 years. The partnership between UCI and CalTech, to preserve
the building and maintain the historic mission, were introduced.
Recommendation:
1) Receive and file.
Albert Bennett, Ph.D., Vice Provost, UCI, introduced colleagues and reported the approval of a new Marine
Studies Program at UCI, involving eight different schools and thirty faculty. He added that negotiations are
currently being held with CalTech to arrange for UCI to have access to the Kerckhoff Marine Station and
displayed a historical video regarding the Kerckhoff Marine Laboratory.
Adam Martiny, Professor at UCI and Director of the Oceans Initiative, provided a report addressing the
organization, including faculty from a variety of influences, goals and objectives of the organization, the
importance of having access to the ocean and building partnerships and focusing on local ocean issues.
Dr. Bennett addressed benefits of the Kerckhoff Marine Laboratory including the availability of recirculating
ocean water.
Discussion followed regarding the possibility of the initiative resulting in a degree program, whether the
Laboratory needs retrofitting, necessary renovations, reasons why CalTech is not using the facility, the
status of negotiations with CalTech, and whether this should be presented to Council.
Harbor Resources Manager Chris Miller agreed the matter can be presented to Council at a future study
session.
Brief discussion followed regarding the possibility of offering tours of the sea urchin lab. It was noted that
UCI would not be taking over the facility but rather would share its use with CalTech. Discussion continued
regarding whether UCI will study the issues of desalination and drought.
Chair Avery opened public discussion. Chair Avery closed public discussion.
2. General Plan/Local Coastal Implementation Committee
Planning Manager Patrick Alford updated the Harbor Commission on the status of the General
Plan/Local Coastal Implementation Committee's progress.
Recommendation:
1) Receive and file.
Planning Manager Patrick Alford provided an update on the status of the General Plan/Local Coastal
Implementation Program addressing background, goals of the program, makeup of the Coastal Commission,
importance and location of the Coastal Zone, development, components of the Program, tidelands, permit
jurisdiction, appeal areas, details of the Implementation Plan, priority uses, location of CM district properties
in the Lower Peninsula and location of CB and mixed-use districts. He addressed public outreach, current
status and next steps.
Discussion followed regarding the top benefits for the City, availability of staff, whether study sessions are
open to the public, General Plan/Local Coastal Implementation Committee meetings, availability of a
template for guidance in the process and policies that are unique to the City.
Chair Avery opened public discussion. Chair Avery closed public discussion.
3. Status of Shellmaker, Inc.'s Scow "Gemini"
Harbor Resources Manager Chris Miller and Shellmaker, Inc. provided an update as to the status of
Shellmaker's sunken scow"Gemini"currently on mooring J-98.
Recommendation:
1) Receive and file.
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Harbor Resources Manager Miller provided pictures of the subject scow and introduced Mike Ormerod,
Shellmaker, Inc. Ormerod, Project Manager for Shellmaker, Inc., noted they have made several attempts to
get rid of the vessel and addressed the costs in salvaging it. He reported that they plan to continue cutting
the boat into smaller pieces. He added there is a 100-ton crane coming to the City in September to do the
Marina Park piles and he is negotiating with the crane owner to pick up the vessel, take it to the Rhine Wharf
and transport it, on a truck, to the recycling plant in Terminal Island. He noted that he has received a lot of
support from the community.
Discussion followed regarding the possibility of cutting the scow into smaller pieces and using the vessel
Cheyenne to lift the pieces out of the water.
Chair Avery opened public discussion. Chair Avery closed public discussion.
4. Anchorage Ad Hoc Committee Update
The Harbor Commission's Anchorage Ad Hoc Committee gave an update as to the progress to date.
Recommendation:
1) Receive and file.
Harbor Resources Manager Miller stated he has no update but hoped for public input on the matter. He
reported that the Committee desires to have a temporary set up, this summer, and committed to noticing
residents around the Turning Basin area. He added that Harbor Resources has been under a lot of pressure
with a lot of other issues and he hasn't been able to give attention to this matter. Chair Avery offered to help
and stated that it would be great if the Committee could start July 1st. Harbor Resources Manager Miller
presented various options and brief discussion followed regarding the location where Jetpack America will be
operating. Harbor Resources Manager Miller suggested the Committee focus on the anchorage area and
determine what can be built around it. Discussion followed regarding the possibility of designating a place
where visiting yachtsmen could beach a dinghy to access businesses, and related challenges, water front
restaurants with their own docks, establishing length restrictions on vessels using a public dock, steps
necessary to move the matter forward and the possibility of presenting the matter to Council.
Chair Avery opened public discussion. Jim Mosher wondered if changes to the Harbor Code are necessary
in order to proceed with the matter. Chair Avery closed public discussion.
5. Regional General Permit(RGP-54) and Eelgrass Update
Harbor Resources Manager Chris Miller provided an update as to the current status of the City's
Regional General Permit for dredging and the Newport specific eelgrass plan.
Recommendation:
1) Receive and file.
Harbor Resources Manager Miller provided an update on the RGP-54 and Eelgrass plan. He addressed the
Regional General Permit, sediment testing, public input, elements of the existing RGP versus the 2015
proposed RGP-54, the application process and locations in the Harbor, where the City and private parties
can dredge.
Brief discussion followed regarding the dredging needs of Promontory Bay.
Harbor Resources Manager Miller addressed the Eelgrass Plan, division of the Harbor into three different
zones and surveys. He reported that the Coastal Commission is tentatively scheduled to hear the matter on
June 10th and that he will let Harbor Commissioners know when that is confirmed. The meeting will be held
in the Newport Beach Council Chambers. He added there is a possibility there will be a Coastal Commission
ferry tour of the Harbor.
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Commissioner West reported on a recent meeting held at the Coastal Commission offices with Coastal
Commission staff to address their final questions regarding the City's RGP-54 and Eelgrass plans. He
added that it has not been confirmed that the matter will be on the Coastal Commission's agenda in June,
but he is fairly confident it will be. Harbor Resources Manager Miller reported that two other approvals will
be needed after the Coastal Commission's approval; one from the Corps of Engineers and the other from the
Water Board. He added that both will support the City's request.
A request was made for Mr. Miller to put together talking points for Members of the Commission to provide
testimony during the Coastal Commission meeting. Harbor Resources Manager Miller reported that staff is
starting to strategize, internally.
Chair Avery opened public discussion. Chair Avery closed public discussion.
6. Cheyenne 30-Day Update (May)
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 referenced and reviewed a letter from Mr. Chris Welsh and noted copies
have been made available to the public. He added that he will encourage Mr. Welsh to attend the Harbor
Commission's meeting in June. Discussion followed regarding the permit expiring in July.
Chair Avery opened public discussion. Jim Mosher commented on the schedule "slippage". Chair Avery
closed public discussion.
7) SUBCOMMITTEE REPORTS - None
8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES - None
9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED
ISSUES
Harbor Resources Manager Miller deferred to Harbor Resources Supervisor Levin for a report.
Harbor Analyst Levin commented on requests for dredging as well as sand replenishment. The goal is to
clean up the majority of beaches before the summer season and Ms. Levin addressed the process. She
reported that the City received a grant for $125,000 to help remediate derelict vessels in the Harbor and will
include abandoned vessels and vessel turn-ins. She addressed Code Enforcement and noted that the grant
is a regional effort and that a request was received from a resident of EI Toro. Discussion followed regarding
challenges in declaring vessels as derelict, contacting owners, and the Code Enforcement process and
efforts. It was noted that there are a dozen or more vessels needing attention. Harbor Resources
Supervisor Levin noted that the mooring fields adjacent to Marina Park area are a priority.
In response to an inquiry from a Member of the Commission, Harbor Resources Supervisor Levin reported
that Council will consider the Harbor Commission's recommendations regarding mooring permit fees and
commercial dock fees on June 9th.
In response to an inquiry from a Member of the Commission, Harbor Manager Miller opined that in the case
of recusal by a Commissioner, it would be best for him to distance himself from discussions of the matter at
the City Council level. He added that the question would be better-answered by the City Attorney.
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10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH
COUNCIL LIAISON OR HARBOR RESOURCES MANAGER
Jim Mosher commented on City Council's recent action relative to water-propelled vessels, as well as a
previous Council action that will require modifying the Harbor Code. He commented on the"Call for Review"
process.
Brief discussion followed regarding general changes made to the Harbor Code.
11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT(NON-DISCUSSION ITEM)
Commissioner West announced that Mr. Miller will be married by the next Harbor Commission meeting and
expressed his best wishes, on behalf of the Commission.
It was requested to consider setting length limits on public docks, on a future agenda.
12) DATE AND TIME FOR NEXT MEETING: June 8, 2015, (DIFFERENT DATE THAN NORMAL)
Harbor Resources Manager Miller noted the next meeting of the Harbor Commission will be held on Monday,
June 6, 2015, in City Council Chambers.
13) ADJOURNMENT
There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:36
PM. The next meeting of the Harbor Commission will be held on Monday, June 8, 2015, at 6:30 PM.
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