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HomeMy WebLinkAbout15-07-08 Approved Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, July 0, 201S 6:30 PM 1\ CALL MEETING TO ORDER The meeting was called toorder otG:30PM. ' ROLL CALL Commissioners: Brad BnadAvory. Chair Paul Blank David Girling William Kenney, Jr. Duncan McIntosh Joe Stapleton Doug West Staff Members: Chris Mi||er, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor 3\ PLEDGE OF ALLEGIANCE—Commissioner Stapleton 4\ PUBLIC COMMENTS Shonda Laar, Lear Electric Boato, stated she has been working on a water taxi system and is glad to continue the discussion. She added that she has spoken to the Coastal Commission and they are very excited about the project. She believed that the system should be privately owned and that the City should protect investors inthe attraction. K4u. Lear reported she has spoken with the head of Lido Marina Village who also expressed interest in the project. 5\ APPROVAL OF MINUTES—June 8. 2015 Minutes Chair Avery opened public discussion. Chair Avery closed public discussion. Chair Avery noted corrections submitted byMr. Jim Mosher. Motion: Commissioner Blank made a motion to approve the minutes of the Harbor Commission meeting of June 8. 2015, as presented. Commissioner West seconded the mntion, which carried with 7 ayes, U noes. Approved. 6\ CURRENT BUSINESS 1. Election of Officers The Harbor Commission will elect officers for the 2015-16year. 1) Elect Chairman. 2) Elect Vice-Chairman. 3> Elect Secretary. o o Chair Avery expressed his appreciation for the opportunity to serve as Chair of the Harbor Commission over the last year, declared the position of Chair, vacant, and called for nominations. Commissioner Girling was nominated for the position of Chair of the Harbor Commission. Commissioner Stapleton seconded the nomination and there being no other nominations, Commissioner Girling was declared Chair, unanimously. Commissioner West nominated Commissioner Blank for the position of Vice Chair of the Harbor Commission. Chair Girling seconded the nomination. There being no other nominations, Commissioner Blank was declared Vice Chair, unanimously. Commissioner Avery nominated Commissioner Stapleton for the position of Secretary of the Harbor Commission. Vice Chair Blank seconded the nomination. There being no other nominations, Commissioner Stapleton was declared Secretary, unanimously. Chair Girling expressed his appreciation at being elected as Chair and looked forward to working closely with Commission colleagues. He thanked Commissioner Avery for his leadership and guidance. Chair Girling suggested moving Item No. 3 to the end of the meeting, as there are three Commissioners who will be recusing themselves. 2. Cheyenne July Update Per the Harbor Commission's action in November 2014, the Commission will conduct a full review of the vessel Cheyenne's temporary mooring permit which expires on July 31, 2015, and recommend to the Harbor Resources Manager as to whether or not the temporary permit should be extended. Recommendation: 1) Review the status of the Cheyenne's mooring permit and conditions, and recommend to the Harbor Resources Manager as to whether or not the permit should be extended. Commissioner Avery recused himself from hearing this matter as he and Mr. Welsh are member of the same club and have a social relationship. He departed the Chambers. Harbor Resources Manager Chris Miller provided a staff report noting that the Cheyenne's mooring permit is set to expire at the end of the month. He addressed background, a brief history of the item, actions taken by the Harbor Commission and permit terms. Chair Girling invited Mr. Welsh to address the Commission. Chris Welsh, provided a status update on the Cheyenne project including work being done on the dome and next steps. Discussion followed regarding the vessel departure by January 7, 2016, pursuing a partnership with the City, the promotional value in the Cheyenne and the City developing a partnership, the possibility of working with the Chamber of Commerce or Visit Newport Beach and conditions for extending the permit including tangible benefits to the City. It was noted that it is Mr. Welsh's responsibility to demonstrate significant progress and generate value for the City and that there seems to be no initiative by Mr. Welsh to do so. Commissioner West noted the need to set a firm deadline for implementation of the project and suggested allowing 60 days for mobilization of the vessel away from the Harbor. He added that work on the dome cannot continue to be used as a reason not to move forward. Commissioner Stapleton stated that this is a huge opportunity for the City to get credit for hosting the vessel and exposure/awareness for the Harbor. He suggesting extending the permit to December, 2015, so that the City can get the credit that it is due. 2 Commissioner Kenney agreed with Commissioner Stapleton's comments. Harbor Resources Manager Miller addressed the process, going forward, noting that the Harbor Commission would make a recommendation to him and he would subsequently make a decision regarding the permit. That decision could be appealed to an independent hearing officer, per the City's Municipal Code. If that decision were to be appealed, it would have to go through the court system. He added that City Council is removed from appeals for mooring permits. Chair Girling noted that for the first time in consideration of this matter, he has received emails opposing the permit extension. He stated that he wants to see the project succeed adding that it is good for the City. However, he reiterated Commissioner West's comments that it is not the City's responsibility to show how the project will benefit the City. He would like for Mr. Welsh to take the initiative to demonstrate how the City will benefit by extending the mooring permit. He stated he would favor extending the permit to a definite day, i.e., January 7, 2016, for the Cheyenne to leave the Harbor. In response to Commissioner West's inquiry, Harbor Resources Manager Miller addressed the timeline for grinding the dome. Commissioner McIntosh expressed concerns that extending the permit another few months will not make a difference, as this matter has been discussed for several years. Harbor Resources Manager Miller referenced challenges alluded to by Mr. Welsh regarding the titanium ring. Mr. Welsh addressed the process and problems with the titanium ring. Commissioner West opined it is a waste of the Commission's and residents' time reviewing the technical minutia of the project. He added there is substantial community concern regarding the presence of the vessel in the Harbor and stated that it needs to go. Motion: Commissioner Stapleton made a motion to extend the temporary mooring permit for the Cheyenne to January 7, 2016, allowing him and Commissioner Kenney to work with Newport Beach and Company and Mr. Welsh to develop a partnership for promoting the City and the Harbor, and that monthly updates be provided. Commissioner Kenney seconded the motion. Chair Girling suggested an amendment that the monthly review include progress toward the initiative of how the City benefits and that termination of the permit be subject to a 60-day notice if no progress is evident. Commissioners Stapleton and Kenney accepted the amendment. Commissioner West clarified that it is not the Commission's job to grant the permit, but rather to make a recommendation to the Harbor Resources Manager. Chair Girling added that each month, the Commission may recommend to continue or terminate the permit. Harbor Resources Manager Miller stressed that the updates must be provided by the first of each month in order to include it on the Commission's agenda. Chair Girling opened public comments. George Schroeder stated he trusts the judgement of the Harbor Commission and referenced the work of James Cameron but noted that no mention was given to where that vessel was moored. He commented on the JetPack decision and thanked Members of the Commission for their service. Jim Mosher commented on the dome and a simulation of the submarine showing that the dome is not perfectly spherical. 3 Len Bose commented on the appeal process and the timeline for same, and suggested including that time in the equation. Harbor Resources Manager Miller reported that his decision can be appealed from the time the permit is issued. Robin Timmons, mooring holder, suggested that Mr. Welsh contribute something to the City to compensate for the discounts he may be getting and for being able to keep the vessel in the Harbor. She also suggested that Mr. Welsh buy a mooring. Harbor Resources Manager Miller reported that Mr. Welsh is currently paying the mooring fees as others do. He explained the reason for developing a large mooring to accommodate the vessel. Chair Girling clarified that the rendering provided is an old one and part of the original submarine. Mr. Welsh added that it includes a canopy that is unsafe for diving. It was noted that going forward, benefits to the City and promotional opportunities will be identified. Chair Girling closed public comments. Vice Chair Blank reiterated that his concern is not the submarine, but rather the catamaran. He added that he would like to see the Harbor's water back and when the submarine is ready for testing, the applicant could apply for a mooring permit. Motion: Commissioner Stapleton made a motion to extend the temporary mooring permit for the Cheyenne to January 7, 2016, allowing him and Commissioner Kenney to work with Mr. Welsh to develop a partnership for promoting the City and the Harbor, and that monthly updates be provided. Additionally, that the monthly review include progress toward the initiative of how the City benefits and that termination of the permit be subject to a 60-day notice if no progress is evident. Commissioner Kenney seconded the motion. The motion was split, 3 ayes (Chair Girling, Commissioners Stapleton and Kenney), 3 noes (Vice Chair Blank, Commissioners McIntosh and West). Commissioner Blank returned to the Chambers and took his place on the dais. Item No. 4 was considered at this juncture. 3. Harbor Commission Review and Input on the Request for Proposal for Mooring Management Services in Newport Harbor Per the City Council's direction, the Harbor Commission shall review and provide input on the Request for Proposal ("RFP")for Mooring Management Services in Newport Harbor. Recommendation: 1) Provide input to staff on the terms of the RFP which is scheduled to be released in mid-July. Commissioner West recused himself from this matter as instructed by the City Attorney's office, although he does not feel there is a conflict of interest. He added that the City is very concerned regarding the appearance of conflict and departed the Chambers. Commissioner Kenney recused himself from this matter as he is a member of the Balboa Yacht Club, which owns moorings. He felt there is no conflict but stated that he has been advised by the City Attorney to recuse himself. He departed the Chambers. Vice Chair Blank reported he is a direct beneficiary of the City's mooring services and therefore, recused himself and departed the Chambers. 4 Harbor Resources Supervisor Shannon Levin provided details of the staff report and addressed background, bids received from the County, Council actions, terms of the current contract and issuance of an RFP. She added that Council has asked that the Harbor Commission review the scope of services for the RFP. She addressed the RFP timeline and reviewed proposal requirements and the proposed scope of services. Chair Girling commented on including location as part of negotiations, equipment, and quantifying financial eligibility and knowledge of the Harbor. He suggested including a Member of the Harbor Commission be part of the committee reviewing the proposals. Harbor Resources Manager Miller listed those who will be part of the reviewing committee and agreed with including a Member of the Harbor Commission. Chair Girling suggested defining "sufficient staff', having inspections on demand, ensuring that mooring holders have liability insurance, and making sure that they get the amount that mooring sell for, what moorings are transferred, and their value. Harbor Resources Manager Miller noted that mooring rules will change in the near future and that the RFPs will need to be revised, accordingly. Harbor Resources Supervisor Levin added that the County is welcomed to bid on this RFP and the City reserves the right to award or not award. Discussion followed regarding potential candidates for this service, contractor for the Balboa Yacht Basin, difference between what the County bid and other bidders, the importance of knowing the Harbor, the importance of education and service, determining the base number of hours for different activities to quantify them as much as possible. Ensuing discussion continued regarding the process for handling derelict vessels and those not holding liability insurance and communicating that the operator will be dealing with the community. Harbor Resources Manager acknowledged that customer service is a major component of the RFP. Chair Girling opened public comments. Len Bose suggested including some type of code enforcement in the RFP. Jim Mosher suggested identifying if this is a wider scope of services than what the County is currently providing. He commented on a Joint Powers Agreement with the County and wondered if that arrangement offers additional benefits to the City. Chair Girling closed public comments. 4. Water Conservation in Newport Harbor At the June 2015 meeting, the Harbor Commission requested that water conservation in Newport Harbor be agendized for discussion. Recommendation: 1) Consider forming a water conservation ad hoc committee who might coordinate with the City's Water Quality/Coastal Tidelands Committee on this issue. It was noted that Commissioner West brought this item forward. Commissioner West commented on the existing drought conditions and noted the need to be aggressive in terms of conservation measures. He addressed the amount of fresh water being used to clean boats in the Harbor and the need to encourage/require a lesser use of fresh water in the Harbor. He reported that the Balboa Yacht Club is installing salt water wash downs on docks, to reduce the amount of fresh water used 5 for that purpose. He added that in some parts of the world, steam-cleaning is used as an alternative to fresh-water cleaning. Additionally, he suggested that the Harbor Commission recommend to City Council, to either enact an ordinance requiring conservation measures or launch a campaign to encourage water conservation in the marinas and throughout the Harbor. Discussion followed regarding the possibility of forming a committee to develop recommendations to forward to Council. Harbor Resources Manager Miller suggested that the Harbor Commission work closely with the Water Quality/Coastal Tidelands Commission to promote water quality and conservation. He added that the ball is already rolling and that the task now is to lead it towards the Harbor. It was noted that a recommendation will ultimately need to be developed for Council to develop an ordinance or at least, a strong policy statement. Commissioner Kenney commented on desalination equipment and whether it may be available, at a reasonable cost, to use for maintaining boats. Chair Girling indicated that the topic is best-suited for a committee discussion. It was noted that those units require a tank and an electric motor pump and that the only equipment available is made with manual pumps and are used, primarily, by campers. Chair Girling opened public comments. Jim Mosher clarified the name of the Water Quality Coastal Tidelands Committee and reported they are meeting July 9th at 3:00 PM and that one of their agenda topics is the City's drought response and conservation measures the City is taking. He added there is an ordinance that addresses the level of drought and that it has restrictions regarding washing cars but not boats. He reported that the Planning Commission will be considering the matter and suggested tasking the committee to bring back a recommendation to the full Harbor Commission. Chair Girling closed public comments. Motion: Commissioner West made a motion to form a committee made up of Vice Chair Blank, himself, and Commissioner Kenney, to work closely with the Water Quality/Coastal Tidelands Committee to develop recommendations regarding water conservation in the Harbor. Commissioner Stapleton seconded the motion, which carried with 7 ayes, 0 noes. Approved. 7) SUBCOMMITTEE REPORTS Commissioner Avery provided an update on the Anchorage Subcommittee and noted that the City Code states that before implementation of a program, City Council will need to consider it. He reported that the matter is on Council's next meeting agenda. Harbor Resources Manager Miller added that, depending on Council action, the program may be implemented by the first part of August. Commissioner Stapleton reported meeting with the Mooring Committee through the Chamber of Commerce and that the Mooring Subcommittee will meet soon to discuss the importance of marine businesses in the Harbor. Vice Chair Blank announced a retirement luncheon for Harbor Master Jansen, next Monday and commented on his recent meeting with his Council liaison. He added that he contacted the County in relation to determining the population in the various categories to determine potential limits on the size of vessels making use of public piers. 6 Commissioner West addressed a recent meeting of the Coastal Commission where it approved the Newport only Eelgrass Mitigation Plan. He added that the RGP54 is still in its final pending phase with the Army Corps of Engineers. They may render a decision in September. He thanked Harbor Resources Manager Miller for his efforts on the matter. Harbor Resources Manager Miller noted it was a group effort, congratulated the team and reported that the City is in the process of resubmitting the final document and provided an update on the process. Commissioner West offered to work with Mr. Miller to develop talking points as to the importance of the matter. Chair Girling offered his congratulations to Mr. Miller and the team. Commissioner Kenney commented on the General Plan/Local Coastal Plan Committee noting no recent activity and that the next meeting has not been scheduled. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Commissioner Stapleton commented on communicating with Council liaisons and asked whether one will be appointed to attend Harbor Commission meetings. He encouraged colleagues to speak with their Council liaisons to request one. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller provided an update on Harbor related issues and announced meetings on July 23rd, either at 1:30 PM or 6:00 PM of a CEQA meeting that the Water Board will be holding in the Community Room to discuss copper reduction in Newport Harbor. Additionally, he commented on the mooring RFP and a component related to Marina Park. He addressed another RFP for the bait barge and that the current permit expires the end of November. He reported that Council will review anchorage on July 14th and that the JetPack RFP will be issued the end of July. Discussion followed regarding the timing of the RFP for JetPack, the sunken scowl and an email regarding two vessels that have live-aboards. Harbor Resources Supervisor Shannon Levin reported receiving the email and contacting Harbor Patrol regarding the matter. She presented an update on derelict vessels. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Jim Mosher commented on the new redesigned City website noting that it has no information regarding current RFPs. Chair Girling acknowledged "bug" in the new website and reported that it will be worked out. Len Bose commented on boat-washing in the Harbor and the amount of water used for same. Additionally, he commented on the vote regarding the Cheyenne. Shanda Lear, Lear Electric Boats, asked regarding Subcommittee Members on the issue of a water taxi. It was noted that subcommittee compositions have not changed. Chair Girling closed public comments. 7 11)COMMI ION-ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIFE PLACED ON A FUTURE AGENDA FOR DISCUSSION,-ACTION OR REPORT NON-DISCUSSION ITEMI 1. Day Moorings off Corona Del Mar beach. It was noted that a presentation on potential limits on vessel sizes using public piers will be ready for consideration at the Commission's August meeting. 2. Commissioner West confirmed he would like consideration of talking points regarding eelgrass at the next meeting. Discussion followed regarding derelict vessels. 12) DATE AND TIME FOR NEXT MEETING: August 12 2015 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:45 PM. The next meeting of the Harbor Commission will be held on August 12, at 6:30 PM. 8