HomeMy WebLinkAbout16-12-10 Approved Minutes
NEWPORT BEACH HARBOR COMMISSION SPECIAL MEETING MINUTES
Orange County Sheriff's Harbor Patrol, Main Conference Room
Saturday, December 10, 2016
8:30 AM
1) CALL MEETING TO ORDER
The meeting was called to order at 8:30 a.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: Absent
3) PLEDGE OF ALLEGIANCE – Lieutenant Alsobrook
4) PUBLIC COMMENTS
None.
5) APPROVAL OF MINUTES – November 9, 2016 Minutes
Commissioner West moved approval of the November 9, 2016 Minutes as presented. Commissioner
McIntosh seconded the motion. The motion carried with 7 aye, 0 no and 0 abstaining votes.
6) CURRENT BUSINESS
1. Harbor Commission 2017 Objectives: Review and Approve
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.
Commissioner West reported the subcommittee developed proposed 2017 Objectives for the Harbor
Commission. Proposed Objectives were grouped under two headings of ensuring the long-term welfare
of Newport harbor and promoting Newport harbor as a preferred and welcoming destination. Some
Objectives were carried forward from 2016 with some modification. 2016 Objectives of collaboration with
the Chamber of Commerce Marine Committee concerning water-dependent uses and establishment of a
public pier at Central Avenue were accomplished. He summarized the eight proposed Objectives.
Commissioner West suggested the Harbor Commission adopt the proposed Objectives in the current
meeting. In the January meeting, the Harbor Commission could review carefully the Objectives and
determine subcommittees that would bear responsibility for the Objectives.
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Commissioner Girling added that the goal would be to present the Objectives to the City Council in
February.
Jim Mosher advised that the Planning Commission was expecting a presentation from the Harbor
Commission at the Planning Commission meeting tentatively scheduled for January 19, 2017. The
Objective to preserve Harbor-related uses could need additional work in 2017.
Chair Blank remarked that he would attend the Planning Commission meeting when invited to do so. He
would present the list of Objectives at that meeting.
Commissioner West clarified that the Objective regarding water-dependent uses could return for
additional work.
Patrick McCormick requested the status of the pump-out stations. Many of them were not working.
Commissioner Girling reported people using pump-out stations to pump out their bilges was causing most
of the problems. The City was considering installation of a pump-out station specifically for bilges.
Kathy Allen suggested companies renting stand-up paddle boards should be responsible for informing
renters of the rights for public and private dock property. This could eliminate potential conflicts of
citizens having to inform renters.
Vice Chair Stapleton moved to approve the 2017 Harbor Commission Objectives. Commissioner
McIntosh seconded the motion. The motion carried with 7 aye, 0 no and 0 abstaining votes.
Chair Blank congratulated Commissioner Avery on his election to the City Council and thanked him for
serving on the Harbor Commission.
Chair Blank reported he and Vice Chair Stapleton accompanied Councilman-Elect O'Neill on a harbor
tour on December 3, 2016.
Recess
The Harbor Commission will recess and resume the meeting promptly at 9:00 a.m. 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.
2. Promoting Newport Harbor – A Harbor Commission Narrated Tour Around the Harbor
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 a.m., Saturday, December 10, 2016. The public is welcome to attend.
Recommendation:
a) Receive and file.
Commissioner West advised that the Harbor Commission Objectives would be placed on the City's
website and invited the public to attend Harbor Commission meetings where Commissioners would work
toward completing the Objectives.
Vice Chair Stapleton provided a definition for derelict vessels. Thus far, the Harbor Patrol and staff had
removed 28 derelict vessels from the harbor. A State grant of $125,000 was used to pay costs of
removing derelict vessels. Derelict vessels were an ongoing issue.
In reply to questions from members of the public, Vice Chair Stapleton indicated the timeframe between
identifying a derelict vessel and removing it from the water was approximately two weeks and consumed
approximately 10 hours of staff time. Approximately a dozen derelict vessels were located in the harbor.
If an individual failed to pay mooring permit fees, the City could take and auction the boat.
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Commissioner Girling reported five sewage pump-out stations in the harbor were owned by the City and
available for public use. Five sewage pump-out stations were privately owned. Sewage pump-out
stations were frequently out of order because people used them to pump out bilges. The City was
thinking about installing a bilge pump-out station. He encouraged people to visit the City's website to
learn the locations of pump-out stations and to use them.
In response to questions from members of the public, Commissioner Girling explained the reasons bilge
pump-outs caused malfunctions at the sewage pump-out stations. The Harbor Resources Division was
responsible for maintaining pump-out stations. Signs at the stations described appropriate uses.
Perhaps the public could benefit from additional education regarding the proper use of pump-out stations.
City staff worked with Harbor Patrol to identify permanent mooring permittees who pumped into the
harbor. Approximately 20 legal and 20 illegal live-aboards resided in the harbor. A recycling center could
help with maintenance of pump-out stations. A total of 51 live-aboards were allowed in the harbor.
Commissioner Avery summarized problems with existing markers in the harbor. The City was working
with the Coast Guard to assume control of navigational markers in Newport Harbor. A proposal would be
presented to the Harbor Commission in early 2017, which would then be sent to the Coast Guard.
Commissioner West explained that the Regional General Permit (RGP) allowed maintenance dredging of
the docks. The permit was complicated by the Southern California Eelgrass Mitigation Policy. The City of
Newport Beach developed an Eelgrass Mitigation Plan for Newport Harbor. The City's new RGP allowed
a greater amount of material to be removed each year and material to be dredged from a greater depth.
One of the Harbor Commission's Objectives was to further streamline the permitting process for dock
owners around the harbor. While eelgrass was an obstacle for dredging projects, it was important to the
environmental health of the harbor.
In reply to inquiries from members of the public, Commissioner West reported Council Member Duffield
championed the idea of the City creating its own dredging operation. One of the original purposes of
streamlining permitting for dock dredging was to attract dredging businesses. Approximately 51 permits
had been processed in the first year, and a backlog of applications existed for the second year. The
permittee was responsible for obtaining a contractor and scheduling the work. Two contractors were
available for dredging. Obstacles to streamlining the permitting process were the implementation of the
plan and disposal of sand. A dredging project for the Grand Canal should be complete in a few weeks.
Public Works Director Dave Webb stated the County was removing sand from the Santa Ana River and
putting it on west Newport Beach, Balboa Island and possibly on the main beaches.
Chair Blank advised that the Harbor Commission was interested in partnering with the Marine Committee
of the Chamber of Commerce to address zoning and approval of businesses essential for a healthy and
vibrant harbor and businesses requiring a location on the harbor. The Harbor Commission and Marine
Committee identified a list of industries underserved in Newport Harbor and industries that could be
appropriate for inclusion in the redevelopment of Mariner's Mile.
Chair Blank and Shannon Levin discussed plans for the boat parade.
Chair Blank indicated the list of businesses would be presented to the Planning Commission in January.
Commissioner Stapleton stated the City was in the second year of a five-year deal with the Harbor Patrol
for mooring management. Approximately 800 moorings were located offshore and 400 moorings
onshore. Lieutenant Alsobrook of the Harbor Patrol reported regularly to the Harbor Commission. He
responded to questions from the public. The mooring permit required the mooring holder to maintain the
mooring.
Commissioner Kenney remarked that the City Council directed the Harbor Commission to study stand-up
paddle board safety in the harbor. In 2016, a Harbor Commission subcommittee identified 20 rental
operators with physical locations in Newport Beach and interviewed them with regard to best practices for
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safety. The subcommittee hoped to return to the Harbor Commission with recommendations. Rental
operators and the public would be invited to provide comments regarding the recommendations.
Afterwards, recommendations for safety practices would be presented to the Council.
In response to an inquiry from the public, Commissioner Kenney reiterated that the subcommittee
interviewed rental operators and would invite them to participate in discussion of recommendations. With
one exception, rental operators did not address basic rules of the road with customers.
Commissioner Avery advised that a goal of the trial anchorage was to make the harbor a more welcoming
destination. The trial had been successful. If the City Council approved a second trial anchorage, it
would be near the soon-to-be constructed public dock at Central Avenue. The temporary anchorage
relieved crowding at the east anchorage and provided additional space. The number of boats allowed in
the anchorage was determined by the weather. The purpose of the anchorage was to allow vessels to
drop anchor at any time without paying any fees. Raft ups were not allowed because of residents'
concerns regarding noise. The Harbor Patrol welcomed vessels and provided a flyer containing the rules
for the anchorage. He responded to questions from the public. Charter boats were limited by parking for
passengers. The Harbor Commission would work with the charter industry to envision the industry in
Newport Beach in 20 or 30 years.
Commissioner Avery provided an update of the redevelopment of Mariner's Mile. The public walkway
would continue to improve with each development project. As the representative of the Harbor
Commission, Chair Blank attended study sessions and public meetings to ensure waterfront interests
were addressed in the redevelopment of Mariner's Mile.
Chair Blank mentioned the speed limit and activities that exceeded the harbor speed limit. The Municipal
Code could be updated to exempt boating activities from the speed limit or the activities could be moved
to another location.
In response to Seymour Beek's question, Chair Blank advised mitigation techniques benefited sea lions.
Sea lions were a protected marine mammal. He described permissible methods to remove sea lions from
boats.
Commissioner Girling provided a brief history of Lower Castaways. The Harbor Commission was
charged with determining the best use of the site. Because Lower Castaways was a designated marine
protected area, development was limited significantly. Study sessions had determined the best use of the
site was a recreational hub. He noted challenges and suggestions for developing the site. He responded
to a question from a member of the public regarding facilities for marine craft. In addition, a deed
restriction limited development of Lower Castaways.
Commissioner McIntosh indicated the problem with constructing a launch ramp was parking the vehicles
with trailers. He noted sites that precluded a launch ramp. The Harbor Commission sought input
regarding sites for a launch ramp. He replied to questions from the public.
Commissioner West reviewed the City's Complete Cruising Guide to Newport Harbor which has been well
received in the community. An updated guide with minor revisions was published the previous day. The
guide was complete and comprehensive.
Councilman Selich reported much-needed dredging of the Grand Canal would occur in three phases.
Additional sand had been applied to the sea walls to provide stability.
Chair Blank advised that the City was attempting to place the burden of mitigating copper in the water on
boat owners who used copper-based paint. The Regional Water Quality Control Board had not issued a
ruling; therefore, use of copper-based paints remained permissible.
Commissioner Avery appreciated his time and his colleagues on the Harbor Commission.
Chair Blank thanked Harbor Resources staff, Mr. Beek and Commissioners for their efforts.
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7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEM)
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
None.
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)
None.
12) DATE AND TIME FOR NEXT MEETING: Wednesday, January 11, 2017
13) ADJOURNMENT
There being no further business to come before the Harbor Commission, the meeting was adjourned at
approximately 11:00 a.m.