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HomeMy WebLinkAbout16-06-08 Approved Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, June 8, 2016 06:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 p.m. 2) ROLL CALL Commissioners: Dave Girling, Chair Paul Blank Bill Kenney Joe Stapleton Doug West Duncan McIntosh Absent: Brad Avery - Excused Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor City Council Liaison: Duffy Duffield, Council Member 3) PLEDGE OF ALLEGIANCE - Council Member Duffield 4) PUBLIC COMMENTS Prior to opening the meeting for public comments, Chair Girling reported that he spoke at the Chamber of Commerce Marine Committee and presented the Harbor Committee’s goals and objectives at the meeting. Chair Girling opened public comments. Mr. Jim Mosher commented on future agenda topics previously requested by the Commission, and suggested they be listed on the agenda. Chair Girling responded that those topics are on the radar to be discussed at future meetings. Chair Girling closed public comments 5) APPROVAL OF MINUTES – May 4, 2016 Minutes Chair Girling opened public comments Jim Mosher offered corrections to the Minutes regarding his comments on the West Anchorage rules. Chair Girling closed public comments Commissioner Kenney noted a change to the May 4th minutes; word “Implementing” should be “New” under Current Business, Item #2, West Anchorage Rules, last paragraph. Motion: Commissioner McIntosh made a motion to approve the minutes of the Harbor Commission meeting of May 4, 2016 as amended. Commissioner Kenney seconded the motion, which carried 6 ayes, 0 noes. Approved 6) CURRENT BUSINESS 1. Harbor Commission 2016 Objectives: Quarterly Review Every quarter, the Harbor Commission will review their 2016 Objectives. Recommendation: 1) Receive and file. Chair Girling opened the discussion by asking each Commissioner to provide updates on each of their topics. Objective 1: To ensure the long-term welfare of Newport Harbor:  Commissioner Stapleton - Collaborate with the Marine Committee and to support the preservation of water dependent commercial and recreational activities. o Commissioner Stapleton will continue to work with the Marine Committee. Commissioner Stapleton will meet with Commissioners Girling and Blank to review a report constructed in 2010 that depicts work already completed. Additional update to be provided at next meeting. Commissioner West stated that this first objective is probably one of the most important objectives they have for 2016. The preservation of water-dependent commercial and recreational activities on the harbor is very critical, and it is important for the Harbor Commission to be proactive in identifying what it is they are trying to preserve space for.  Commissioner Blank - Review and include in the Harbor Code an exception for the Harbor speed limit for sanctioned sail racing and human-powered racing events. Background on this objective: The speed limit is routinely broken for rowing events and sailing races that take place in the Harbor. The code needs to be clear to either allow the speed limit to be broken for such activities or be moved elsewhere.  Commissioner Blank - Create a forum for dialogue with representatives of the Harbor Charter fleet to promote the development of shared vision of charter boat operation standards. Completion date 2020. o Commissioner Blank has not made progress with this objective and will provide progress by end of year.  Commissioner Kenney - RGP54 permit. Task is to work with harbor resources staff to develop and present to the public o Approximately 40-45 applications have been received and approximately 15 are in process. Commissioner Kenney reported that there are two issues related to the RGP54 permit process. The first is that an engineer is needed to prepare the application. Additionally, there's only one company currently equipped to process the applications. Commissioner Kenney concluded that the goal is to inform the general public, those with docks, that the permits will not be processed and achievable unless one or two more dredges are brought into the harbor.  Commissioner Stapleton: Support harbor resources division staff and the harbor patrol in their efforts to identify and resolve the ongoing derelict vessels. o A grant was received from the State of California for $120,000.00 and approximately 12 derelict vessels have been disposed of. Objective 2: To promote Newport Harbor as the preferred and welcoming destination for tourists and residents alike.  Commissioner Avery (reported by Commissioner McIntosh) - Complete the evaluation of public moorings and anchorage alternatives, which include the temporary anchorage that was recently implemented, Corona del Mar beaches and any other alternatives. o West basin anchorage for the summer was approved by Council. Chair Girling noted that the demand for the anchorage will be monitored in the event that west basin anchorage turns into a permanent anchorage.  Commissioner West - Update and publish the new edition of the complete cruising guide. o Commissioner West reported that this project is behind; however a meeting is scheduled for him and Commissioner Kenney to discuss. More information to be provided at next meeting.  Commissioner McIntosh - Investigate the availability and sufficiency of launch ramp facilities. o Nothing to report at moment.  Commissioner Blank - Central Avenue Public Pier o Commissioner Blank requested to have this objective added to the Harbor Chart that is included in the third edition of the harbor guide. Application to the Coastal Commission to build it will happen sometime in the next six months. Funding has been set aside for this project. Chair Girling opened public comments Jim Mosher pointed out that the objectives listed are for 2016, but there are objectives listed that will not be completed until 2020. Mr. Mosher suggested that each subcommittee formulate or publicize a tentative date by which they think their objective(s) will be completed. Chair Girling closed public comments. 2. Mooring Management in Newport Harbor – Foundation of an Ad Hoc Committee Moorings in Newport Harbor are currently managed by the Orange County Sheriff’s Harbor Patrol. The City Council is requesting the Harbor Commission and staff investigate alternate management models which could create greater efficiencies. .Recommendation: 1) Form a Mooring Ad-Hoc Committee to investigate greater efficiencies in mooring management, and report back to the City Council with recommendations. Chair Girling requested to have this item moved after Item #4 as members of the commission will need to recuse themselves from discussing items #3 and #4. 3. Authority to Board Vessels for the Purpose of Marine Sanitation Device Inspection Currently, the City does not have the authority to board a vessel to inspect the marine sanitation device without permission from the boat owner. In an effort to improve water quality and to increase public awareness of Newport as a no-discharge harbor. Recommendation: a) Provide input to staff and recommend changes to the Municipal Code giving the City, or its designee, authority to board vessels to inspect the vessel’s marine sanitation device. Chris Miller provided a history of the issue and why it was before the Commission at the June 8, 2016 meeting. The Commission’s intent is to broaden this proposal to anchorage, moorings and other boats as needed by the Harbor Patrol. Staff is requesting the Commission recommend moving forward with this policy. The proposed language has been drafted and is awaiting recommendation from the Commission. Commissioner Kenney asked for this to be an agenda item. He is proposing the City's municipal code be changed to allow for the boarding of any vessel that is in the harbor any time there is reasonable cause. Mr. Miller stated that prior to the new policy being implemented, it will be viewed by the City Attorney’s office and approved by City Council. Chair Girling opened public comments. Mr. Carter Ford stated that the language of this policy is very important as it could come across as saying that harbor patrol has the authority to board a vessel without probable cause. Mr. George Hylkeman stated that what bothered many people is the authority to board without specifying whether the owner is on board or not, and states that if sanitation inspection is going to be enforced, there ought to be a specification in place stating what sanitation system is in compliance and which boat requires it and which do not. Mr. Mike Glenn stated that the third and fourth amendment of the US Constitution prohibit people from going onto somebody else's property without probable cause. Mr. Jim Mosher stated that when the topic was presented to the City Council, they were informed that at least in the anchorage, Harbor Patrol has the absolute authority to test all vessels in the area. Mr. Mosher is requesting clarification as to whether that is the case or not. Chair Girling stated that the current Municipal Code requires permission. Discussion in place is to amend the policy to state no permission is needed if there is probable cause. Lieutenant Alsobrook, Harbor Patrol Master, stated that the members of the public who have spoken tonight are correct; there is no legal authority to board a vessel, absent probable cause. The purpose of this topic being brought before the commission is because the mooring contract scope of services states that the harbor patrol shall conduct dye tablet testing on all boats in the anchorage andrentals, as well as a protocol for all the mooring permit owners over a period of time. Chair Girling closed public comments. An ad-hoc committee was formed which includes Commissioner West, Chair Girling and Commissioner Kenney, to meet with the City and the City Attorney's Office to understand the issues and various paths, and to come back with better information regarding what is acceptable. 2. Mooring Management in Newport Harbor – Foundation of an Ad Hoc Committee Moorings in Newport Harbor are currently managed by the Orange County Sheriff’s Harbor Patrol. The City Council is requesting the Harbor Commission and staff investigate alternate management models which could create greater efficiencies. . Recommendation: 2) Form a Mooring Ad-Hoc Committee to investigate greater efficiencies in mooring management, and report back to the City Council with recommendations. Five Commissioners are recused from Agenda Items #2 and #4. The Commissioners are Chair Girling, Commissioners Blank, Kenney, Avery and West. However, in order for the items to be heard, there needs to be four Commissioners present. Straws were drawn to determine who would remain. They were Brad Avery and Bill Kenney. For the record, Chris Miller read Commissioner Avery's recusal, which was sent via email. Email read as follows: "Hello Chris, I'm recusing myself from discussion or vote on agenda items at the June 8th meeting related to moorings. I'm a long-time member of the yacht club that leases moorings from the City. Thanks, Brad." Mr. Miller requested of the Commissioners who are recusing themselves to do so by stating the reason of the recusal. Recusal Statement:  Commissioner Girling - I'm a member of the Balboa Yacht Club. As a result, I will recuse myself on both items #2 and #4.  Commissioner West - I'm recusing myself for the same reason, as a member of the Balboa Yacht Club.  Commissioner Blank - I am a Mooring permit holder and therefore, I'm a direct beneficiary of the services being discussed. I recuse myself.  Commissioner Kenney - As a member of Balboa Yacht Club, I must also recuse myself from items #2 and #4. Due to Chair Girling being recused from items #2 and #4, Commissioner Stapleton was the acting Chair for items #2 and #4 discussions. Council member Duffield stated that the idea behind item #2 is to save money and be more efficient. The item was brought up years prior to the Harbor Commission, and it was realized then, that a 24/7 method of dealing with new incoming transit boaters to the harbor was needed. Because this was a hard task for a private company to provide, it was defaulted to the harbor patrol. Mr. Duffield stated that what was lacking when this topic was first introduced was Marina Park, which is now fully staffed. He believes that the staff can easily handle the needs of a transit boater as well as creating an app that can be downloaded on a smartphone that can provide the information the boater is looking for. The Harbor Guide would also be distributed to explain how one goes about securing a vessel to a mooring, navigating through the mooring fields, and securing a slip at Marina Park. Should there be need to deal with a boat that's broken loose from the mooring, staff could provide a contact with a towing service. Chair Stapleton opened public comments Carter Ford, on behalf of Newport Mooring Association, stated that his group appreciates the opportunity to be a part of helping to develop solutions. Mr. Ford stated that the Association would like the opportunity to contribute to these endeavors, assuming it is appointed. Mr. Miller stated that the recommendation to form an ad-hoc committee is no longer a recommendation, but rather to have an open meeting, a Harbor Commission meeting, with four members present. This meeting would be similar to last year’s Mooring topic with everything agendized and all discussions handled at this current forum as a monthly meeting. Chair Stapleton closed public comments. 4. Provide Free Vessel Sewage Pump out Service for the Offshore Mooring Fields and Anchorage Users In an effort to improve and promote water quality, and to provide services to the mooring fields, the City is developing a program to provide free vessel sewage pump out service to the offshore moorings (permittees and sub-permittees) and anchorage users. Recommendation: a) Recommend the City proceed with a program to provide free vessel sewage pump out services to the offshore moorings and anchorage users. Item tabled for the July meeting. 7) SUBCOMMITTEE REPORTS Commissioner Kenney reported that SUP Safety Committee is in the process of interviewing all of the rental operators in the harbor and hopes to report back in July. Additionally, Commissioner Kenney reported that the Regional Water Quality Control Board has suggested to the City that it prohibit the use of copper based bottom paint in the harbor, as the current paint being used was approved at the state and federal level. Staff believes that the request needs to be dealt with on a statewide level, not on a local level. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES - None 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Mr. Miller reported that the moorings code revisions have been proofed and the first draft version will be sent to the Newport Mooring Association and the Harbor Patrol for feedback. Any changes will be taken into consideration with the goal to bring the draft to City Council at the meeting in August. The Balboa Yacht Basin underwent significant repairs. This is done every year to maintain the City-owned marina. Memorial Day at Marina Park was a huge success with about 95 percent occupancy. There are reservations through September and in the next couple weeks, a release will go out in some of the city's local publications, advertising that slips will be available for the Christmas season. Staff is anticipating booking up for the Christmas Boat Parade, and parties/events. The website is up and users can book their reservations online. Mr. Miller is currently working on the annual Sand Management Sand Replenishment Project on Balboa Island. This year, it's a two-fold approach. The first approach is to push the sand up from the low tide lines to the high tide line, and second approach is to work with Public Works Director Dave Webb on taking a small fraction of sand being replenished as part of the Lower Santa Ana River project, and placing it on Balboa Island. Chair Girling opened public comments Chair Girling closed public comments. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER – None 11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) Chair Girling stated there may be some interest in resurrecting Lower Castaways, which was put on hold when the new council members came in. Commissioner Blank stated that Councilman Petros suggested we consider re-enacting the harbor cruise for the public that we did aboard the Balboa ferry almost two years ago. Commissioner Blank will take the responsibility. Commissioner Blank stated it probably should be put on the agenda to vote to do it. Commissioner West suggested that the commission receive some updates on the status of landside waterfront projects that are under construction. Mr. Miller will follow up with the community development department and have staff present at a future meeting. Commissioner West requested information on the Ardell property and how it's developing. 12) DATE AND TIME FOR NEXT MEETING: 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 7:29 p.m. The next Harbor Commission will be held on July 13, 2016.