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HomeMy WebLinkAbout17-06-14 Approved Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, June 14, 2017 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 p.m. 2) ROLL CALL Commissioners: Paul Blank, Chair Dave Girling Bill Kenney Scott Cunningham Duncan McIntosh (absent) Doug West John Drayton Staff Members: Chris Miller, Harbor Resources Manager Debbie Elgas, Public Works Permit Technician City Council Liaison: Mayor Pro Tem Duffield 3) PLEDGE OF ALLEGIANCE –Commissioner Cunningham 4) PUBLIC COMMENTS None. 5) APPROVAL OF MINUTES – May 10, 2017 Chair Blank revised the second line of page 2 to "the Harbor is the largest recreational yacht harbor on the west coast." Commissioner West moved approval of the May 10, 2017, Minutes as corrected. Commissioner Girling seconded the motion. The motion carried with 6 aye, 0 no and 0 abstaining votes. 6) CURRENT BUSINESS 1. Underwater Harbor Cleanup – Recap of June 3, 2017 Event Mr. Mark Ward of the organization Help Your Harbor will provide a recap of their inaugural underwater harbor cleanup event on June 3, 2017. Recommendation: 1) Receive and file. Harbor Resources Manager Miller introduced Mr. Ward. Mark Ward reported regarding the first underwater cleanup of Newport Harbor. About 8 million tons of plastic pollution enters the oceans each year. Micro plastics in the oceans are 1 million times more toxic than the surrounding water. As birds and fish eat the micro plastics, the toxicity advances through the food chain. He and his friends rebuilt a Duffy electric boat and toured with it from Santa Barbara to Ensenada, Mexico, to raise awareness and obtain sponsors for ocean cleanup. Through that trip, he learned that beach cleanups are effective, but there are no harbor cleanups. He and his partners started Help Your Harbor to remove surface trash from harbors. The first Saturday of each month, 30-70 2 volunteers clean up harbors. The total amount of surface trash collected to date is 21,403 pounds. Dana Point has been conducting underwater cleanups for 12 years and Avalon for 33 years. Two hundred twenty-one volunteers collected an estimated 1,100 pounds of trash during the first underwater Newport Harbor cleanup. Help Your Harbor is working with the City’s Water Quality/Coastal Tidelands Committee to build a trash collection device similar to the Baltimore Water Wheel. The turning water wheel conveys trash up a belt into a dumpster. The dumpster is located on a detachable barge so that it can be emptied. Help Your Harbor has raised some private funds for development of this device. The most interesting item found during the cleanup was a handgun in a holster. The Harbor Patrol sent a diver to retrieve the gun. In reply to Commissioner Cunningham's questions, Mr. Ward stated the City does a good job of dredging the main channels; therefore little trash will be found in the channels. The cleanup effort focused on the docks. As far as a location for the water wheel, engineers will determine where it will be located. The engineers and City staff believe a water wheel can work above stream where San Diego Creek enters the Upper Bay. A very rough estimate of the cost for the water wheel is $1.5-$2 million. Donated funds were used to prepare CEQA reports that the City can utilize in applying for Measure M funding. The Baltimore water wheel is 16 feet tall at its highest point. In response to Commissioner Drayton's inquiries, Mr. Ward advised that the Baltimore Water Wheel cost approximately $1.5 million. Because this application is more complicated, the cost estimate is closer to $2 million. Approvals will be obtained from federal, state, county, and City agencies such as the Coastal Commission, County Flood Control, Army Corps of Engineers, and Game and Fish. Commissioner Kenney commended Mr. Ward and Help Your Harbor for their efforts to clean the Harbor. He requested Mr. Ward keep the Harbor Commission apprised of their progress and ask for assistance with entitlements, if needed. In response to Chair Blank's queries, Mr. Ward indicated Harbor Marina is located at Newport Boulevard and PCH. On June 3, volunteers cleaned three fingers at Balboa Bay Club, three fingers at Harbor Marina, two fingers plus some additional area at Duffy's service yard, and the public dock at 15th Street. In order to hold more cleanups, Help Your Harbor needs more volunteers, funding, and donated prizes. Support for the water wheel would be helpful as well. Mayor Pro Tem Duffield encouraged the Harbor Commission to form a subcommittee to work with Staff on the water wheel and on outreach to support the water wheel. The conservancy for the Upper Bay pushed back regarding the water wheel. The Harbor Commission could work with Fuscoe Engineering to learn about the water wheel. Due to engineering challenges, the water wheel will not pick up all the trash during heavy rain events. However, a great deal of trash enters the Harbor during dry water flows, which occur all year. Another trash collection device, located across the Bay from San Diego Creek, will be completed shortly Chair Blank indicated the Harbor Commission would discuss forming a subcommittee. Assistant City Manager Carol Jacobs suggested Public Works staff provide the Harbor Commission with a presentation regarding the water wheel. 2. Mooring Administration in Newport Harbor – Status Update on the City's Plan to Assume Mooring Responsibilities Recommendation: 1) Provide input to staff. Receive and file. Assistant City Manager Jacobs reported she and Public Works staff have been tasked with creating a new Mooring Management Plan within the Harbor. She introduced Dennis Durgan, the City's new Harbormaster. 3 Harbormaster Dennis Durgan advised that he has been working closely with the Orange County Sheriff's Department, Harbor Patrol to transition the mooring management program. Staff will be patrolling the Harbor to match the moored boats to what is on the City’s records. The mooring management office will be located in Marina Park. The Sheriff's Department will continue to enforce laws in the Harbor. Harbor Resources Manager Miller provided an update of the mooring management program. Staff is negotiating contracts with TowBoatUS and Sea Tow for harbor tows and assistance. Mooring permittees will be responsible for boats going awry in the mooring field. Staff will meet with the Newport Mooring Association soon to review rules. Staff will install software to automate the mooring permit process by July 1. Staff is developing a new paper permit and updating forms and administrative tasks to meet new mooring codes, rules, and regulations. The City will have three vessels, a Boston whaler called Harbormaster I, and two low-wake pontoon vessels called Harbormaster II and III. Additional guest/visitor moorings will be installed along the H and J field. Staff is exploring the idea of a sand line-style mooring, which will be a new concept for Newport Beach. These moorings will have larger, brightly painted buoys that will be identifiable at night. Staff continues to learn about the vessel lien and impound process. Small vessels that have been impounded will be stored at the Balboa Yacht Basin and larger vessels at their current location in the mooring field, where available. Outreach has consisted of postcards, which have generated many phone calls and questions. More detailed information will be sent to mooring permittees and waterfront residents. Staff is in the process of hiring Harbor Service Workers who will be on the water. Staff is still exploring hours these workers will be on the water. Mooring customer service is currently being handled by Basin Marine staff currently located at Marina Park. Many people in the City are helping staff with development of the mooring program. Commissioner Kenney related an incident of a collision between two vessels at the Balboa Yacht Club mooring field. There were allegations of the collision being a hit and run, of alcohol being involved, and of a delay in the Harbor Patrol's response. In response to his questions, Assistant City Manager Jacobs reported staff will be trained to take accident reports. The Sheriff's Department will continue to respond to emergencies. The Police Department and Sheriff's Department will work together to resolve hit-and-run accidents and enforcement of laws as necessary. Commissioner Drayton welcomed Mr. Durgan and acknowledged the work performed by the Sheriff's Department in managing moorings. Perhaps at the end of the summer, the Harbor Commission can explore shrinking the size and footprint of mooring fields to make more open water available for recreational uses. In reply to Chair Blank's inquiries, Harbor Resources Manager Miller advised that he did not have a target date to present Harbor Code amendments to the Council, but it could occur in July. If time allows, he will present the amendments to the Harbor Commission. Feedback from the community consisted of general questions with most people wanting to know the new rules for moorings. Commissioner West hoped the speed limit exception for sail racing and human-powered craft will be included in the Harbor Code amendments. Mark Alsobrook, Harbor Patrol, clarified that the Harbor Patrol responded immediately to the incident mentioned by Commissioner Kenney and completed sobriety checks. The Sheriff's Department will continue to respond to that type of scenario. The Sheriff's Department will respond to a vessel collision, including a vessel underway because it typically involves a violation of boating law. The City will respond to a vessel that breaks free of its mooring. Jim Pickell commented regarding Sally Cooper, the Harbor Patrol's mooring administrator of moorings. Her knowledge of moorings is impeccable, and the loss of her expertise and knowledge will result in a serious cost to the mooring community. He recommended that City staff discuss ways to retain her involvement in moorings. The community is aware of and appreciates her knowledge. Jim Mosher remarked that there is a certain element of disarray to the transition of the mooring program and inquired about the agency responsible for enforcement of the harbor speed limit. 4 Chair Blank stated enforcement of the speed limit is the Sheriff's Department's responsibility. 3. West Anchorage Update – Planning for the Future Due to the anticipated lead time to secure regulatory approval for a more permanent solution to the trial West Anchorage area should the Harbor Commission decide to recommend such a program, staff is requesting this topic be discussed so that planning for the future may occur sooner rather than later, if applicable. Recommendation: 1) Review the status of the trial West Anchorage and initiate discussion on a plan going forward, if applicable. Harbor Resources Manager Miller noted this is the third trial of the West Anchorage. He requested the Harbor Commission discuss the West Anchorage in terms of forming a program for 2018. Commissioner West recalled subcommittee comments that, if the anchorage continues to be successful, the subcommittee will likely recommend the anchorage be made permanent on a seasonal basis. One of the features of the anchorage has been to prohibit large-scale raft-ups. Harbor Patrol has been helpful in tabulating the utilization of the anchorage and tracking complaints. The subcommittee based its recommendation to proceed with a third season on the lack of complaints and increasing utilization. Continuing to tabulate utilization and to record complaints will be important. Harbor Resources Manager Miller explained that he requested a discussion of the West Anchorage at the current time because of the lengthy Coast Guard application process. Currently, vessels over 125 feet are charged a prorated mooring fee. The Commission can discuss fees for these large vessels. In reply to Commissioner Girling's question, Harbor Resources Manager Miller indicated the Commission can place the discussion on a future agenda. Commissioner West suggested staff submit an application to the Coast Guard soon and make the application subject to a Council decision in the fall. Chair Blank heard no overt objection to staff proceeding with an application to the Coast Guard. After determining utilization of the anchorage in 2017, the Commission will agendize a discussion in the fall as to whether to recommend the anchorage be made seasonally permanent. There will likely be an agenda item regarding fees for extraordinary vessels seeking temporary mooring permits. Commissioner West advised that, after evaluation of the first two seasons, visits by extraordinary vessels were trouble-free. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Chair Blank reported he and Commissioner Kenney attended the Harbor Summit for charter boat operators, sailing schools, and yacht clubs. Unfortunately, it was not well attended. Attendees suggested ways to increase participation including holding the summit at a different time and on a different day of the week. Commissioner West advised that the Wooden Boat Festival was a success with more than 3,000 people in attendance. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Mayor Pro Tem Duffield encouraged the Harbor Commission to form a subcommittee to help him and staff explore creative dredging methods and budgeting for dredging. 5 Commissioner West noted a communication from Harbor Resources Manager Miller that the Commission is to suspend its communications with the Council via established liaison system. He hoped staff will investigate concerns and help the Commission develop a good communication method for the future. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller expressed appreciation for Commissioner West's work on the Harbor Commission. Commissioner West has been a tremendous asset to the Harbor Commission. Commissioner West thanked the Commission and staff for the opportunity to work with them. It has been a rewarding and remarkable experience. In reply to Commissioner Cunningham's inquiry, Harbor Resources Manager Miller reported all grant funds for the derelict boat program have been expended. The application for a new grant was submitted on time and is under review. In response to Commissioner Kenney's question, Harbor Resources Manager Miller advised that there was nothing to report concerning the City purchasing a dredging scow. The current dredging contractor has quite a few jobs coming up and should be in the Harbor for a number of months. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Jim Mosher remarked that there had been a noticeable change in respect for the Harbor Commission under Commissioner West's tenure as Chair. Mr. Mosher did not make the complaint about the liaison system, and he was baffled by both the complaint and the lack of an explanation for the complaint. Chair Blank concurred with Mr. Mosher's comment regarding Commissioner West. Someone raised a concern about the Commission's liaison system, not a complaint. He did not know what the concern is. 11) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Chair Blank noted future agenda items of forming a subcommittee for application for Measure M funding for water wheel; a Public Works presentation on the water wheel; forming a subcommittee for dredging; and mooring permit fees for extraordinary vessels. In reply to Commissioner Kenney's query, Chair Blank reported subcommittee assignments will be included on the agenda when the new Commissioner is appointed. Mayor Pro Tem Duffield appreciated Commissioner West making the Harbor Guide both professional and informative. 12) DATE AND TIME FOR NEXT MEETING: Wednesday, July 12, 2017 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 7:50 p.m.