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HomeMy WebLinkAbout07/21/2014 - Harbor CommissionNEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Monday, July 21, 2014 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 PM. 2) ROLL CALL Commissioners: Duncan McIntosh, Chair Brad Avery, Vice Chair Paul Blank David Girling Joe Stapleton Doug West Bill Kenney Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Analyst Council Liaison: Council Member Nancy Gardner 3) PLEDGE OF ALLEGIANCE —Commissioner Bill Kenney 4) WELCOME NEW COMMISSIONER BILL KENNEY Chair McIntosh welcomed new Commissioner Bill Kenney. Commissioner Kenney introduced himself as a (40) forty year resident of Newport Beach, noted he is an avid boater, and is thrilled to be able to give back to the community. 5) PUBLIC COMMENTS Chair McIntosh opened public comments, seeing none, Chair McIntosh closed public comments. 6) APPROVAL OF MINUTES —June 11, 2014 Minutes Commissioner Girling noted a correction to the June 11, 2014 minutes, under Current Business, Item 2, in the second paragraph. The minutes read "the Committee would try to determine demand ", he requested a revision to read "the City Council would need to do a Demand Study'. Motion: It was moved by Commissioner Stapleton, and seconded by Commissioner Blank, to approve the minutes of the Harbor Commission Regular meeting of June 11, 2014 as amended. Motion carried (6 -0 -1), with Commissioner Kenney abstaining. 7) CURRENT BUSINESS 1. Election of Officers The Harbor Commission will elect officers for the 2014 -15 year. Recommendation: 1. Elect Chairman 2. Elect Vice - Chairman 3. Elect Secretary Chair McIntosh called for nominations for the position of Chairman of the Harbor Commission for 2014 -2015. Motion: It was moved by Commissioner West, and seconded by Commissioner Stapleton to nominate Commissioner Brad Avery for the position of Chair of the Harbor Commission for 2014- 2015. Motion carried (6 -0 -1), with Commissioner Avery abstaining. Chair McIntosh called for nominations for the position of Vice Chair of the Harbor Commission for 2014 -2015. Motion: It was moved by Commissioner West, and seconded by Commissioner Stapleton to nominate Commissioner David Girling for the position of Vice Chair of the Harbor Commission for 2014 -2015. Motion carried (6 -0 -1), with Commissioner Girling abstaining. Chair McIntosh called for nominations for the position of Secretary of the Harbor Commission for 2014 -2015. Motion: It was moved by Commissioner Blank, and seconded by Commissioner West to nominate Commissioner Stapleton for the position of Secretary of the Harbor Commission for 2014 -2015. Motion carried (6 -0 -1), with Commissioner Stapleton abstaining. At this point in the meeting outgoing Chairman McIntosh and incoming Chairman Avery exchanged positions, and Chairman Avery took over as Chair. Commissioner West thanked outgoing Chair McIntosh for his service over the past year. 2. Mooring Permit Revocations for Failure to Pay Annual Rental Fees: A -094, B-043, H-410, H- 813, J -0053, and J -0073 Six mooring permittees have failed to pay the annual mooring rental fees despite repeated attempts by City staff to collect the fees. Mooring permits may be revoked due to failure to pay annual rental fees. Annual rental fees are initially invoiced in January with late— payment notices in March and April. According to Newport Beach Municipal Code (NBMC) Chapter 17.70, the Harbor Commission shall conduct a hearing prior to revoking a mooring permit. Recommendation: 1) Hold a public hearing, consider the 17.60.040(L)(1) and 17.70.020(A)(5), rental fees. 2) Hold a public hearing, consider the 17.60.040(L)(1) and 17.70.020(A)(5), rental fees. 3) Hold a public hearing, consider the 17.60.040(L)(1) and 17.70.020(A)(5), rental fees. 4) Hold a public hearing, consider the 17.60.040(L)(1) and 17.70.020(A)(5), rental fees. 5) Hold a public hearing, consider the 17.60.040(L)(1) and 17.70.020(A)(5), rental fees. 6) Hold a public hearing, consider the 17.60.040(L)(1) and 17.70.020(A)(5), rental fees. relevant evidence, and if justified under NBMC Sections revoke mooring permit A -0094 for failure to pay annual relevant evidence, and if justified under NBMC Sections revoke mooring permit B -043 for failure to pay annual relevant evidence, and if justified under NBMC Sections revoke mooring permit H -410 for failure to pay annual relevant evidence, and if justified under NBMC Sections revoke mooring permit H -813 for failure to pay annual relevant evidence, and if justified under NBMC Sections revoke mooring permit J -0053 for failure to pay annual relevant evidence, and if justified under NBMC Sections revoke mooring permit J -0073 for failure to pay annual A staff report was given by Shannon Levin, Harbor Analyst Commissioner McIntosh commented regarding whether Ms. Levin had been able to contact each of the permitees. Ms. Levin responded that they have attempted to contact all (6) six by phone, e-mail, or letter. Commissioner Kenney commented that of the (5) five moorings that are delinquent how many have vessels on them, and was notification left on the vessels. Ms. Levin noted that (3) three moorings have vessels on them, notices were not left on the vessels, and noticing was according to the City revocation policy. Commissioner Stapleton commented that harbor resources is confident that the (5) five delinquent moorings are in receipt of the notices. Ms. Levin responded that they have all received notices. Chair Avery opened the public comments, seeing none, Chair Avery closed public comments. Commissioner Blank noted that he did not see a reason to revoke the permit (H -0813) who made payment over the weekend. Ms. Levin noted that the current permit system does have a provision for a late fee. Chris Miller, Harbor Resources Manager, commented on mooring payments processing. Non- resident fees for the entire year are due in full March 1s'. Residents are billed bi- monthly for for yearly mooring fees. He would like to implement the annual payment for all mooring permitees.. Councilmember Gardner commented as to whether any of the (5) five delinquent moorings are local residents. Mr. Miller responded that they are local residents. Chris Miller, Harbor Resources Manager, commented that he is confident that Ms. Levin has done all possible to contact all of the delinquent permits. 1) Mooring permit A- 0094 - (Michael Ruffatto) Chair Avery opened the public comments, seeing none, Chair Avery closed public comments. Motion: It was moved by Commissioner Blank, and seconded by Commissioner McIntosh to revoke mooring permit A -0094 (Michael Ruffatto) for failure to pay annual rental fees. Motion carried (7 -0 -0). 2) Mooring permit B- 043 - (Richard Jacks) Chair Avery opened the public comments, seeing none, Chair Avery closed public comments. Motion: It was moved by Commissioner Blank, and seconded by Commissioner McIntosh to revoke mooring permit B -043 (Richard Jacks) for failure to pay annual rental fees. Motion carried (7 -0 -0). 3) Mooring permit H -410 (Robert White). Chair Avery opened the public comments, seeing none, Chair Avery closed public comments. Motion: It was moved by Commissioner Blank, and seconded by Commissioner McIntosh to revoke mooring permit H-410 (Robert White) for failure to pay annual rental fees. Motion carried (6 -0 -1). Commissioner Avery abstaining. 5) Mooring permit J -053 (David Evans) Chair Avery opened the public comments, seeing none, Chair Avery closed public comments. Motion: It was moved by Commissioner Blank, and seconded by Commissioner Girling to revoke mooring permit J -053 (David Evans) for failure to pay annual rental fees. Motion carried (7 -0 -0). 6) Mooring permit J -073 (Ashley Lowy) Chair Avery opened the public comments, seeing none, Chair Avery closed public comments. Motion: It was moved by Commissioner Blank, and seconded by Commissioner Girling to revoke mooring permit J -073 (Ashley Lowy) for failure to pay annual rental fees. Motion carried (7 -0 -0). Commissioner McIntosh commented regarding what the procedure would be for recommending the billing process for mooring permits be changed. Chair Avery responded that the Harbor Commission does not normally determine or change revenue procedures. Commissioner West commented on what happens to vessels that remain on the moorings after the permit expires, and noted would it make sense to process late fees on the delinquent permits. Ms. Levin responded that the when vessels remain after the permit expires, the Harbor Resources division would begin the impound process, and that implementing late fees would be under the jurisdiction of the revenue division. Chris Miller, Harbor Resources Manager noted that the late fee was eliminated from the mooring code when it was revised, but he did not recall the reason. 4.) Mooring permit H -813 (David Pankin) Chair Avery opened the public comments, seeing none, Chair Avery closed public comments. Motion: It was moved by Commissioner Blank, and seconded by Commissioner Girling to take no action on the revocation of mooring permit H -813 (David Pankin) as payment was received. Motion carried (6 -1 -0). Commissioner West voting against. 3. Proposed Dock and Pier Configuration, 109 Bayside Place The applicant proposes to remove and replace the existing dock and pier at 109 Bayside Place. According to Council Policy H -1 and Newport Beach Municipal Code Section 17.35.020(F), special permits shall be approved by Harbor Commission. Recommendation: 1. Approve the proposed dock and pier configuration; 2. Approve the proposed dock and pier configuration with special conditions; 3. Deny the proposed dock and pier configuration. A staff report was given by Shannon Levin, Harbor Analyst. A visual presentation was given. Ms. Levin reported that the proposed configuration is almost identical to the current configuration. The configuration lies within a (5) five foot set -back, and encroaches on the neighboring property. Ms. Levin noted it is not uncommon to issue special permits in this area of the harbor. She noted the applicant is in the audience and letters of support have been submitted by both the neighbors. Chris Miller, Harbor Resources Manager noted the configuration has been the same for a decade, the dock is in very old condition, the pier does encroach, they have the approval of their neighbors, and staff recommends for approval. Chair Avery opened the public comments, seeing none, Chair Avery closed public comments. Motion: It was moved by Commissioner McIntosh, and seconded by Commissioner West to approve the proposed dock and pier configuration with special conditions; Motion carried (7 -0 -0). 4. Proposal on Public Outreach for the Harbor Commission The Harbor Commission Outreach Subcommittee will present details and propose a Public Outreach Event, and solicit feedback, preferences and commitment to participate from the Commission. Recommendation: 1. Approve plans for proposed Public Outreach Event. A staff report was given by Commissioner Blank. A visual presentation was given Commissioner Blank reported that the public outreach committee includes himself, Chair Avery and Commissioner Girling. The public outreach event is entitled "A Tour of Newport Harbor" and is to be hosted by the Harbor Commission on a Balboa ferry provided by Seymour Beek. The purpose of the event is to build rapport with the public and identify areas of concern in the harbor. Invitees include the Harbor Commission, Member of the City Council, Public Works Department, Harbor Resources, and other City Staff. The Harbor Master has provided the use of the visitor's dock, and there will be room for (60) additional members of the public and media. Commissioner Blank stated two possible routes are being considered based upon the tides, the tour should last about 2 hours and there will be no stops. The dates to be considered will be either Saturday, September 27, 2014 or Saturday, October 18, 2014. Commissioner Stapleton noted there is 100% percent commission support for this event, and noted a job well done. Commissioner West recommended that the route include Bay Island as it is relevant to the current seawall restoration in progress, and spanning over the coming years. Commissioner Blank reported that commission consensus is for Saturday, October 18, 2014, the point of embarkation being the Harbor Patrol visitors dock, and the preferred route would be the Lido Marina Village. Councilmember Gardner recommended the commission bring this event Item before the City Council for approval as it is a new event. Commissioner Avery opened public comments. Len Bose commented regarding possible using a larger public pier as the pickup point. Commissioner Blank responded they have considered the use of a public dock, however, not all public docks with parking have the (20) twenty minute zone that would allow the ferry to get in. Chair Avery closed the public comments. Motion: It was moved by Commissioner West and seconded by Commissioner Stapleton to approve the proposed public outreach event to be held on October 18, 2014 subject to invitation and approval by City Council. Motion carried (7 -0 -0). 5. Review of Water Propelled Vessels — Ad Hoc Committee Formation On June 24, 2014, the City Council adopted an Urgency Ordinance establishing a temporary prohibition on the issuance of Marine Activities Permits to businesses engaged in the operation of vessels propelled by water above the surface of Newport Harbor. In addition, the Council also directed the Harbor Commission to form an ad hoc committee to evaluate the issue and to return to the Council within six months with a recommended path forward on managing this emerging activity. Recommendation: 1) Establish an ad hoc committee to evaluate the operation of vessels propelled by water above the surface of Newport Harbor, and return to the City Council with a recommended path forward on managing this emerging activity. A report was given by Chris Miller Commissioner Stapleton inquired as to whether the current operator would be affected and noted that there is also possibly a second operator. Chris Miller responded that a second operator had submitted an application but for some reason the application fell through. Commissioner Kenney noted that the second operation could possibly be privately owned equipment? Chris Miller noted the equipment used in this activity is currently prohibitively expensive. Chair Avery opened the public comments. George Farah, resident, commented regarding the operation of their current permitted business and noise level of the equipment being used. He noted it is extremely loud, and even after installing triple pane windows the noise levels are still very loud. He commented on the location of the business, and looks forward to the Ad Hoc committee meeting. U Dean O'Malley, President of Jetpack America, commented they want to work with the residents, and understand the pros and cons associated with the noise issue. He looks forward to participating in the meetings. Gus Caicedo, owner of Fly Jet Sports commented regarding the promotional work they have been doing with local restaurants for pickup locations. Commissioner West inquired as to which restaurants he has been in discussion with. Mr. Caicedo commented that they have been talking with The Rusty Pelican, Woody's, Jet Ski companies, and boat rental businesses. Len Bose commented regarding the acceptable noise level for different times of the day, and whether it will be a topic covered by the committee. Commissioner Girling inquired as to what the business model is for Mr. Caicedo's business Mr. Caicedo responded that the equipment is a jet ski, with a u shape board on the back. He commented that a tour involves cruising the bay in an additional boat so that friends and relatives can follow along with the jet ski and take pictures. Commissioner Avery called for those commissioners interested in serving on the Ad Hoc committee. Commissioner McIntosh, Commissioner Stapleton, and Commissioner Kenney expressed interest and will serve as the Ad Hoc Committee. Notices will also be going out to the public calling for volunteers to serve on the committee. Motion: It was moved by Commissioner Blank, and seconded by Commissioner Girling to convene the Ad Hoc committee, appoint Commissioner Stapleton, Commissioner Kenney and Commissioner McIntosh to evaluate the operation of vessels propelled by water above the surface of Newport Harbor and return to the City Council with a recommended path forward on managing this emerging activity. Motion carried (7 -0 -0). Commissioner Blank reported that the Tidelands Committee has a vacancy on the Citizen's Advisory panel, applications are due by this Thursday, July 24, 2014, and recommended the Harbor Commissioners participation. Due to demand, they currently meet monthly on a Wednesday. Commissioner Girling commented that he has been asked to present the water taxi initiative to "Speak Up Newport" next month and due to time constraints he may be delayed to the next commission meeting. Commissioner West reported that the Water Taxi Sub - Committee made a report to the City Council in June and did not make a recommendation in favor of or against the establishment of a water taxi. They did give the Council the criteria that would be required to establish a pilot program. A transportation consultant who is a expert in water born transportation systems has been located, and the City Manager has approved a modest budget for hiring a consultant. Avalon Shore boats has expressed interest the service and possibly participating in further discussion with the City. Chair Avery reported on the Multiple Vessels Sub - Committee. He noted that Council has directed the committee to survey the mooring permittees and waterfront homeowners to get feedback on boats sharing floats in between the moorings. Mr. Miller commented that an online survey has also been made available for the survey. Mr. Miller reported that the results will be analyzed, brought back to Council in September, and based on the survey results it will be the Council's decision to proceed with a pilot program. Commissioner West commented on the Newport Beach eel grass mitigation plan proposal. He noted that it has been already been approved by several of the agencies. and the California Coastal Commission will consider it sometime in October. 9. QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Council Member Gardner reported on the lower castaways, and inquired whether CalTrans will have any problems with the proposal to put a float underneath the bridge. Chris Miller commented that he has looked underneath the bridge with Randy Mason and they have ideas and possibilities to solve the problem. 10. QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATEDISSUES Chris Miller, Harbor Resources Manager reported that the Balboa Marina /City public dock concept is still underway and the Irvine Company will be bringing it to the Harbor Commission in August. Mr. Miller gave a brief update on Bay Island. The project is a replacement of the entire sea wall around the Island which covers about (70 %) seventy percent of the island. It was a concrete bulkhead, and will now be replaced with sheet piles. They have installed all the sheet piles, and are missing just a couple where the bridge will be. Two piles for the bridge will be installed this week, and the bridge itself will be installed mid - August. The Cap on top of the sheet piles is being completed, and the last portion will be to connect the private dock to the bulk heads. It is a test case in respect to the step up and step downs on the docks. The project should be complete in October. Mr. Miller updated the Commission on Marina Park. He reported they have completed building the sea wall, poured the cap, the railing attaching to the cap, cable stringers, excavating the material for the basin to the beaches, and will be delivering 5000 cubic yards to China Cove next week. The dredger arrived last week and is in front of the marina, and it will move into the basin through August. The entire site is under full construction and quickly becoming a reality. Mr. Miller noted that they are starting the Public Pier rehabilitation project. He will be reporting on that at a future meeting. Commissioner Girling inquired regarding the Grand Canal, and what the suggested solution is. Mr. Miller responded that importing sand is the current idea in an effort to build up the sea wall, and flush it out. Chair Avery commented that this is an exciting improvement project for Newport Beach and is an extraordinary time for the City. 11. PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Len Bose commented on day moorings, mylar balloons, and noted he had met with Michelle Clemente at the Back Bay Science Center regarding run off /watershed. 12. Chair Avery reported on the annual permit review for Cheyenne, encouraged Harbor Commissioner goal setting with Commissioner West. 13. DATE AND TIME FOR NEXT MEETING: Auaust 13. 2014 6:30 PM 14. ADJOURNMENT The r J