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HomeMy WebLinkAboutHarbor Commission Agenda - December 10, 2016CITY OF NEWPORT BEACH HARBOR COMMISSION SPECIAL MEETING AGENDA Orange County Sheriff's Harbor Patrol - Main Conference Room 1901 Bayside Drive, Corona del Mar, CA 92625 Saturday, December 10, 2016 - 8:30 AM Harbor Commission Members: Paul Blank, Chair Joe Stapleton, Vice Chair Bill Kenney, Secretary Brad Avery, Commissioner Dave Girling, Commissioner Duncan McIntosh, Commissioner Doug West, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor City Council Liaison: Duffy Duffield, Council Member The Harbor Commission meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Harbor Commission agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Harbor Commission. The Chair may limit public comments to a reasonable amount of time, generally three (3) minutes per person. The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Chris Miller, Harbor Resources Manager, at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3034 or cmiller@newportbeachca.gov. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the Harbor Resources Division 24 hours prior to the scheduled meeting. 1)CALL MEETING TO ORDER 2)ROLL CALL 3)PLEDGE OF ALLEGIANCE 4)PUBLIC COMMENTS Public comments are invited on agenda and non-agenda items generally considered to be within the subject matter jurisdiction of the Commission. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Commission has the discretion to extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. December 10, 2016 Page 2 Harbor Commission Meeting 5)APPROVAL OF MINUTES Minutes of November 9, 2016 Recommendation: a) Approve 16-11-09 Draft Harbor Commission Minutes 6)CURRENT BUSINESS Harbor Commission 2017 Objectives: Review and Approve1. The Harbor Commission ad hoc committee will review the proposed 2017 Objectives and recommend approval. Recommendation: a) Approve the proposed 2017 Harbor Commission Objectives, and recommend they be forwarded to the City Council for review and approval. Item 6.1 HC Objectives 2017 HC Staff Report RECESS The Harbor Commission will recess the meeting, and will resume the meeting promptly at 9:00 AM aboard a ferry boat located at the Orange County Sheriff’s Harbor Patrol’s guest dock located at 1901 Bayside Drive, Corona del Mar, CA 92625. The public is welcome to attend. Promoting Newport Harbor - A Harbor Commission Narrated Tour Around the Harbor 2. The Harbor Commission will provide a detailed narration of the many projects within the harbor via a ferry boat tour. Pedestrian boarding will occur at the Orange County Sheriff’s Harbor Patrol’s guest dock located at 1901 Bayside Drive, Corona del Mar, CA 92625, leaving promptly at 9:00 AM, Saturday, December 10, 2016. The public is welcome to attend. Recommendation: a) Receive and file. Item 6.2 Promoting Newport Harbor Ferry Tour Staff Report 7)COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM) 8)QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES 9)QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES 10)PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER 11)COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) December 10, 2016 Page 3 Harbor Commission Meeting 12)DATE AND TIME FOR NEXT MEETING: Wednesday, January 11, 2016 13)ADJOURNMENT NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, November 9, 2016 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:32 p.m. 2) ROLL CALL Commissioners: Paul Blank, Chair Dave Girling Bill Kenney Duncan McIntosh Joe Stapleton Brad Avery Doug West Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor City Council Liaison: Duffy Duffield 3) PLEDGE OF ALLEGIANCE – Commissioner Avery 4) PUBLIC COMMENTS Jim Mosher suggested the Harbor Commission's Special Meeting in December be placed on the City's online calendar. He was fairly sure one of the Harbor Commission's Objectives for 2017 would not be studying the feasibility of a water taxi as prior studies had concluded it was not practical. At the October meeting of the Balboa Village Advisory Committee, he learned that the owner of the Tiki Boat was planning to launch a water taxi service in Newport Harbor in January. 5) APPROVAL OF MINUTES – October 12, 2016 Minutes Commissioner Girling included "the five docks referenced by Mr. Swift" in his comments under Current Business, Item 1. Commissioner Girling moved approval of the Minutes as amended. Commissioner Stapleton seconded the motion. The motion carried with 6 aye, 0 no and 1 abstaining votes by Commissioner McIntosh. 6) CURRENT BUSINESS 1. Harbor Commission Objectives: Form an Ad Hoc Committee to Propose 2017 Objectives Every quarter, the Harbor Commission reviews their Objectives with progress updates. Near the end of every calendar year, the Commission forms an ad hoc committee who proposes objectives to the Commission for the following year. Recommendation: a) Form an ad hoc committee to propose new 2017 Objectives at either the December 2016 or January 2017 Harbor Commission meeting. Harbor Resources Manager Miller stated the Harbor Commission typically reviewed and approved its Objectives for the year and recommended the Council then consider and approve them. The intent was 2 to form an ad hoc committee that would propose Objectives at the December 10, 2016 or January 2017 meeting. Chair Blank noted the staff report included the list of Objectives adopted and presented to the City Council for 2016. Since that time, a handful of Objectives had been added to the list and were reported at the September 2016 meeting. Commissioners West, Girling, and Kenney volunteered to serve on the ad hoc committee. Commissioner McIntosh moved to form an ad hoc committee to propose Harbor Commission Objectives. Commissioner Stapleton seconded the motion. The motion carried with 7 aye, 0 no and 0 abstaining votes. Chair Blank advised that it was highly desirable but not imperative for the Harbor Commission to approve the list of Objectives at the December meeting. 2. Update on 2016 Efforts to Remediate Derelict Vessels in Newport Harbor Staff will give a presentation on the efforts taken in 2016 to address derelict boats, grant funding and results of those endeavors. Recommendation: a) Receive and file. Harbor Resources Supervisor Levin expected to exhaust funds from the Surrendered and Abandoned Vessel Exchange (SAVE) grant soon, but she would apply for a new grant as soon as it opened. The grant totaled $125,000 and required a 10% in-kind match. To date, staff had spent nearly $103,000, leaving approximately $22,000. She highlighted a few abandoned and turned-in vessels and the costs involved in disposing of them. Staff had disposed of 17 turned-in vessels and 11 abandoned vessels using the grant. The vessel Bad Habit sold at auction for $15,000; however, one lienholder would take 50% of the auction proceeds. In addition, the City incurred attorney fees of more than $15,000 in disposing of the Bad Habit. Mooring Deputies had been most helpful with the entire process. In response to a Commissioner's question, Harbor Resources Supervisor Levin indicated grant funds could not be used for costs incurred in disposing of the Bad Habit because the vessel was not part of the SAVE grant. Commissioner Stapleton congratulated staff on a job well done. Harbor Resources Supervisor Levin stated the small boat auction would occur in January. In response to a Commissioner's inquiry, Harbor Resources Supervisor Levin remarked that many people approached staff to turn in vessels, but only $22,000 remained in grant funds. In response to Commissioner West's question, Harbor Resources Supervisor Levin felt the majority of at- risk boats were located in mooring fields H and J. Approximately five to ten boats were really bad, and others needed work. Some boats probably looked ugly, but they were operational and could not be considered derelict. Enforcement was a slow process. Staff notified owners of issues and followed up with the owners. In response to Commissioner Avery's inquiry, Harbor Resources Supervisor Levin stated staff was aware of the insurance requirements for most boats, but some were outstanding. The next wave of enforcement would likely be determining insurance. Commissioner Avery felt lack of insurance was a harbinger of a derelict boat. 3. Harbor Patrol Mooring, Anchorage and 2016 Turning Basin Trial Anchorage Update Every month, Harbormaster Mark Alsobrook updates the Harbor Commission on moorings and anchorage usage in the harbor. The Anchorage Ad Hoc Committee will also study the 2016 3 temporary anchorage in the Turning Basin and return to the Commission at a later date with a recommended path forward. Recommendation: a) Receive and file; b) Direct the Anchorage Ad Hoc Committee to study the 2016 temporary anchorage in the Turning Basin and return to the Commission at a later date with a recommended path forward, if desired. Lieutenant Alsobrook related that patrol activity, depending on the weather, would shift from "traffic stops" and rescues to break-away vessels. Mooring, anchorage, and public dock checks remained consistent. Activity in the temporary anchorage in October remained consistent with prior months. Sixty-six vessels stayed one or more days in the anchorage for a total of 26 hailing ports other than Newport Beach. Twenty-one individual vessels stayed one or more nights in the temporary anchorage, compared to 227 vessels logged in the east anchorage. A total of 32 dye tab tests were administered. Replacement of the Harbor Patrol ways (rail system for hauling out vessels) began in October and should be complete the first week of December. The air show was successful with good attendance. A significant life-saving event occurred in October outside of Pirate's Cove in Newport Harbor. In response to a Commissioner's questions, Lieutenant Alsobrook reported the depth of the water was 8-10 feet where the victim was found, but the distance from shore was unknown. Commissioner Avery voiced his appreciation for Lieutenant Alsobrook's monitoring of the temporary anchorage and providing data to the Commission. In response to Commissioner Girling's question about dye tabs in the anchoring vessels, Lieutenant indicated that none of the die tab tests were positive. Harbor Resources Manager Miller noted the agenda action item and stated the Commission could consider directing the Anchorage Ad Hoc Committee to study the temporary anchorage and perhaps provide a recommendation. Chair Blank asked if the Commission should encourage a study of the temporary anchorage. The Ad Hoc Committee for Harbor Commission Objectives could consider the temporary anchorage for inclusion on the list of Objectives. Harbor Resources Manager Miller suggested the ad hoc committee review the temporary anchorage and return to the Commission with a recommendation. Commissioner Girling indicated the ad hoc committee would focus on the temporary anchorage. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM) Chair Blank noted an eelgrass meeting at Marina Park the following night. Commissioner Girling announced UCI was hosting a talk about the impact of flooding in the harbor on November 17th at 7:00 at the Environmental Nature Center. Commissioner Kenney requested a January agenda item regarding the SUP Safety Ad Hoc Committee's report. 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 reported the eelgrass meeting would also inform the public about dredging and would satisfy a condition of the eelgrass plan regarding outreach. Staff was partnering with CoastKeeper for the meeting scheduled on November 10, 2016, at 6:00 p.m. at Marina Park. The Water 4 Board downgraded its hearing on copper boat paints to a workshop and did not make any decisions. Public comment spanned almost three hours and raised excellent points. He was hopeful the Water Board would reevaluate its proposal and work with the community. The City could make an alternate proposal in the future. A significant issue raised at the workshop was an accurate vessel count for Newport Harbor. He planned to calculate the vessel capacity of Newport Harbor based on average vessel size to achieve the most accurate number possible. Harbor Resources Manager Miller would contact the Harbor Standards Ad Hoc Committee to plan an outreach meeting in late November or early December. The final draft of the Harbor Standards was complete and ready for review. The Coastal Commission approved the Central Avenue public pier the prior Friday and provided feedback regarding the required Memorandum of Understanding (MOU) for the donated funds. The City Council formally accepted the donated funds from Newport Harbor Yacht Club. He would present the MOU to the City Council on November 22nd for approval. Hopefully the project would be open for bids in February and built by the summer of 2017. The City Council awarded a contract for dredging a portion of the Grand Canal from the Park Avenue Bridge to South Bay Front. First, all boats in the Grand Canal and moorings would need to be moved for about two weeks, and then six boats in B field under the control of Balboa Yacht Club would need to be removed. In response to Commissioner Kenney's inquiries, Harbor Resources Manager Miller advised that consultants would be present for the eelgrass meeting. Anchor QEA would assist with the presentation. Staff mailed postcards about the meeting to all waterfront residents and businesses. In response to a Commissioner's questions, Harbor Resources Manager Miller reported he met with staff to discuss definitions of boats and spaces and methods for counting vessels in Newport Harbor. All vessels in the water with bottom paint would be counted. On-shore moorings would be a challenge. Staff would not count dinghies or kayaks or small boats like that. In response to Chair Blank's comments, Harbor Resources Manager Miller would need to consider whether to make an allowance for the number of boats that could be anchored in the east anchorage. Harbor Resources Manager Miller concurred with Commissioner West's suggestion that staff focus on resident boats, boats residing in the harbor rather than transitory boats. In response to Chair Blank, Harbor Resources Manager Miller indicated the 23 slips at Marina Park would not be excluded, because there could be a different person in one slip every night of the year. In response to a Commissioner's question, Harbor Resources Manager Miller stated there were not a lot of boats on lifts. Commissioners provided good input for staff to refine definitions. In response to Commissioner Avery's questions, Harbor Resources Manager Miller would utilize overhead imagery rather than a physical count. The GIS program was a measuring tool that would assist with the count. The count would likely be completed in early December. A marina manager outside Newport Harbor was providing his survey data and was willing to help on the commercial marina portion. In response to Commissioner Girling's inquiry, Harbor Resources Manager Miller reported the Grand Canal dredging permits fell under the RGP 54. This permit did account for a significant amount of the eelgrass allotment. The City could not dredge the north side or the center of the Grand Canal because of the allotment and the bridge construction. When “Year 2” of the eelgrass RGP program begins in a couple of weeks, staff would begin applying for the north side of the Grand Canal. Material imported to the Grand Canal a year ago had held up nicely because it was a coarse-grain material. There isn’t a lot of wake or wind to cause the material to drift, so it stayed up along the bulkhead nicely. At some future date, the City would replenish sand along the sides again. Harbor Resources Manager Miller advised that staff finished the eelgrass survey of Newport Harbor. Last year the City was in Tier 1 in the Stable Zone and in Tier 2 in the Transitional Zone. Both zones are now in Tier 1 which means the City could maximize impacts in both zones with very few strings attached. Eelgrass was thriving. 5 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER None. 11) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) None. 12) DATE AND TIME FOR NEXT MEETING: Saturday, December 10, 2016, 8:30 a.m. 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 7:20 p.m.  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  December 10, 2016 Agenda Item No. _1_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Harbor Commission 2017 Objectives: Review and Approve ______________________________________________________________________ ABSTRACT: The Harbor Commission ad hoc committee will review the proposed 2017 Objectives and recommend approval. RECOMMENDATION: 1. Approve the proposed 2017 Harbor Commission Objectives, and recommend they be forwarded to the City Council for review and approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the Harbor Commission find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Harbor Commission considers the item). Newport Harbor Commission Objectives (As Approved by the Harbor Commission on December 10, 2016) Calendar Year 2017 These objectives are intended to support the mission of the Harbor Area Management Plan and the two most essential responsibilities of the Harbor Commission: (1) ensuring the long term welfare of Newport Harbor for all residential, recreational, and commercial users; (2) promoting Newport Harbor as a preferred and welcoming destination for visitors and residents alike. These calendar year 2017 objectives are subject to the review and approval of the Commission, and final approval by the Newport Beach City Council. Harbor Commission subcommittees, as established by the Commission, bear principal responsibility for coordinating the Commission’s efforts with Harbor Resources Staff support in achieving these objectives. Ensuring the Long Term Welfare of Newport Harbor 1) Develop standard safety briefing materials and guidelines regarding stand up paddleboards and other human powered craft to be distributed to all public rental outlets in Newport Harbor for their required use in informing all rental customers of the rules and best practices for safe navigation in the harbor. The briefing materials will be reviewed by the Commission before presentation to the City Council for its authorization and any direction regarding the distribution and use of such materials. 2) Secure California Department of Recreation approval for an amendment to the Harbor Code granting an exception to the harbor speed limit for sanctioned sail racing and human powered racing events. With such authorization recommend a Harbor Code amendment to the City Council. 3) Establish a dialogue with representatives of the Harbor Charter Fleet industry to promote best practices for charter boat operations in Newport Harbor with particular attention to vessel specifications, noise and pollution control compliance and long range plans for berthing. 2 4) Support Harbor Resources Division Staff’s presentation of public information on the Regional General Permit 54 and related Newport Harbor Eelgrass Protection and Mitigation Plan. Support Staff in identifying any available means to streamline the permitting process for applicants. 5) Continued support for Harbor Resources Division staff and the Harbor Patrol in their efforts to identify and resolve the ongoing derelict vessels in the harbor. Promoting Newport Harbor as a Preferred and Welcoming Destination 6) Complete the Commission’s evaluation of two seasonal trials of the Turning Basin anchorage and develop a recommendation to the City Council regarding same. Evaluate the public’s suggestion of establishing day moorings off Big Corona beach. 7) Collaborate with City Staff in creating a principally web‐based update of The Complete Cruising Guide to Newport Harbor, first published by the Harbor Commission in 2010. 8) Investigate the availability and sufficiency of public launch ramp facilities in the harbor and report findings to the Commission. Present a specific recommendation to the City Council, if appropriate.  NEWPORT BEACH Harbor Commission Staff Report  CITY OF  December 10, 2016 Agenda Item No. _2_ TO: HARBOR COMMISSION FROM: Chris Miller, Harbor Manager - 949-644-3043, cmiller@newportbeachca.gov TITLE: Promoting Newport Harbor – A Harbor Commission Narrated Tour Around the Harbor ______________________________________________________________________ ABSTRACT: The Harbor Commission will provide a detailed narration of the many projects within the harbor via a ferry boat tour. Pedestrian boarding will occur at the Orange County Sheriff’s Harbor Patrol’s guest dock located at 1901 Bayside Drive, Corona del Mar, CA 92625, leaving promptly at 9:00 AM, Saturday, December 10, 2016. The public is welcome to attend. RECOMMENDATION: 1. Receive and file. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the Harbor Commission find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Harbor Commission considers the item).