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HomeMy WebLinkAbout17-08-09 Approved Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, August 9, 2017 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:32 p.m. 2) ROLL CALL Commissioners: Bill Kenney, Chair Dave Girling Paul Blank John Drayton Duncan McIntosh Scott Cunningham Ira Beer Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster 3) PLEDGE OF ALLEGIANCE – Commissioner Beer 4) PUBLIC COMMENTS Jim Mosher remarked that the City Council directed the Harbor Commission to review all Harbor Policies and to recommend modifications. Commissioners should disclose ex parte communications during public hearings. 5) APPROVAL OF MINUTES – July 12, 2017 Commissioner Blank corrected the seventh paragraph from the bottom of page 3 to "The motion failed with 2 aye, 4 no, and 0 abstaining votes." Jim Mosher stated the Minutes should reflect the vote of each Commissioner as required by the Brown Act. Under Item 7, page 6, Commissioner Blank's comment indicates the World Youth Match Racing Championships will be held in September; however, Mr. Mosher understood the match had already occurred. Also on page 6 in Item 9, the reference to the speed limit seems to have increased over the years should be speed in the harbor seems to have increased. Commissioner Girling revised his comments on page 3, paragraph 6, to "… consider a policy change to ensure the policy is fair and consistent." Commissioner Blank advised that the World Youth Match Racing Championships were held on July 27. Commissioner Drayton moved approval of the draft Minutes for the July 12, 2017, meeting as corrected. Commissioner Cunningham seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner Drayton, Commissioner Cunningham, Commissioner Beer Abstaining: Commissioner McIntosh 2 6) CURRENT BUSINESS 1. Harbor Commission and City Council Member Pairings This item was previously considered by the Harbor Commission at its July 2017 meeting. The City Manager has asked for this item to be considered again to allow for further staff explanation. In summary, the City Manager desires to establish uniformity in the way in which individual Harbor Commissioners interact with members of the City Council by asking the Harbor Commission to terminate its practice of formally pairing Commissioners with City Council Members. Recommendation: 1) Terminate the practice of formerly pairing an individual Harbor Commissioner with a City Council Member. 2) Find this action exempt from 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. City Manager, Dave Kiff reported that a formal structure of pairing Commissioners with Council Members is a concern from a legal perspective for him and the City Attorney. Direct communication to the full City Council is more appropriate. A casual conversation between a Commissioner and a Council Member is appropriate. He could schedule regular reporting by any one Commissioner to the City Council quarterly or semi-annually in either a formal meeting or study session. Commissioner Drayton remarked that the City Manager and City Attorney's guidance is applicable whether or not the Commission adopts it. The Commission should follow the advice of counsel and the Brown Act. He questioned whether the Commission needed to take a formal action to terminate the practice. Deputy City Attorney, Ann Ewing advised that it may be necessary to formally terminate the practice because it was formally adopted. Afterwards, the Commission can decide how it wishes to address the Council. Chair Kenney concurred with formally terminating the practice. Commissioner McIntosh moved to terminate the practice of pairing Commissioners with Council Members. Commissioner Girling seconded the motion. In response to Commissioner Drayton's inquiry, City Manager Kiff indicated there would be no other impact on how the Commission conducts business. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer City Manager Kiff advised that he would work with Chair Kenney to schedule appearances before the City Council. 2. 23 Harbor Island Dock Reconfiguration – Appeal (Continued Item from July 12, 2017) The applicant at 23 Harbor Island is appealing the Harbor Manager's decision regarding his proposed dock reconfiguration project. Specifically relating to the distance the finger floats extend into the bay, the applicant is requesting the floats extend the same distance as in their current configuration which is 10 feet beyond the Pierhead Line. 3 Recommendation: 1) The Harbor Commission may reverse the Harbor Manager's decision and allow the finger floats to extend the same distance beyond the Pierhead Line as in the current configuration. Harbor Resources Manager Miller reported he asked the City's GIS team to look at harbor lines on Harbor Island. The GIS team found a slight inaccuracy in the mapping. The distance from the pivot point to the pierhead line should be 80 feet. As one moves east and west, that pivot line changes. The distance from the blue bulkhead line to the yellow pierhead line increases very slightly, such that midway to No. 23, the distance between the two lines is 81.1 feet. In the last Commission meeting, the Commission stated the float was 10 feet over the pierhead line. Rather than 10 feet over the pierhead line, one finger is 7.07 feet over the pierhead line, and the second is 8.31 feet over the pierhead line. There is a slight degree of variation in working with aerial photos, which staff used in calculating distances. The City Council has directed the Harbor Commission to review all "H" Policies. Staff will present an item concerning the policies to the Harbor Commission in September and ask it to form an ad-hoc subcommittee to review Harbor Policies. The review could take six months to complete. In response to Commissioner Cunningham's inquiry, Deputy City Attorney Ewing advised that creating an ad-hoc committee would need to be agendized for a Commission discussion. In reply to Vice Chair Girling's question, Deputy City Attorney Ewing indicated the Commission could continue this item, review Harbor Policies, and then agendize this item for a decision. Chair Kenney did not believe continuing the item would be fair to the applicant. Chair Kenney opened the public hearing. Jacqueline Chung, Swift Slip Dock, and Pier Builders, commented that the applicant proposes to maintain the distance between the bulkhead line and the end of the existing dock which he purchased with the home. The largest distance between the bulkhead line and the pierhead line is slightly less than 90 feet. She requested that the Commission allow the applicant to proceed with the proposed plan as submitted. Pete Swift, Swift Slip Dock, and Pier Builders, added that the bulkhead line bends while the pierhead line is straight. There are a few instances in Newport Harbor where docks exceed the pierhead line. In the past 20 years, only 13 of 61 docks have been built to the pierhead line. The proposed dock will not impact the turning basin. In answer to Commissioner McIntosh's query, Mr. Swift thought the applicant's dock was built in 1975. In response to Vice Chair Girling's inquiry, Mr. Swift advised that approximately six years ago the Commission approved the reconfiguration of a dock, and the reconfiguration maintained the dock's extension over the pierhead line. In reply to Vice Chair Girling's question, Harbor Resources Manager Miller related that Commissioners, at the last meeting, stated they had not in their memory heard an appeal of this nature. In his 15-year tenure with the City, he could recall cases of the same nature being brought to the Commission. In answer to Commissioner Drayton's query, Deputy City Attorney Ewing stated the Commission's role is to review the evidence and determine whether Harbor Resources Manager Miller's action complies with the Code. The Commission has discretion to determine whether the project is Code compliant and can uphold, modify, or reject Harbor Resources Manager Miller's decision. If the applicant appeals the decision to the City Council, then the City Council has the option to waive the policy. The Harbor Commission cannot waive the policy, only revise it. In response to Commissioner Drayton's inquiry, Mr. Swift indicated constraining the dock to the pierhead line and allowing a wider dock would shorten the size of the boat the applicant could put in. 4 Vice Chair Girling did not find anything to justify overturning Harbor Resources Manager Miller's decision. The Commission has no records on the dock to determine if it was granted a variance to extend past the pierhead line. If the current applicant had chosen to renovate rather than reconfigure, the project should be grandfathered. There may be a variance of 2-3 feet in superimposing the pierhead line on the map, but the dock is still over the pierhead line by another 7-8 feet. Until the Commission reviews Policy H-1, it would not be appropriate to overturn the decision. Inspections required as part of a home purchase would not identify a nonconforming dock. He could not find any evidence to justify overturning the decision. Commissioner McIntosh was inclined to maintain the length but allow a wider dock. Vice Chair Girling concurred with Commissioner McIntosh. However, at the last meeting the applicant indicated he had a 93-foot boat, which won't fit unless he widens the opening. Commissioner McIntosh clarified that the boat would stick out the beam of the boat. Vice Chair Girling added that the boat will stick out further than currently allowed. Commissioner Beer remarked that if the slip is 75 feet and the boat has a 19-foot beam, the dock could accommodate a 94-foot vessel. The applicant was considering a 91-foot vessel. The only issue then would be the width. Commissioner McIntosh believed a completely serviceable slip in this day and age has to be wider. Chair Kenney noted the Harbor Commission is bound by the Harbor Permit Policy adopted by the City Council. This decision does not belong with the Harbor Commission; it belongs with the City Council. The Harbor Commission does not have the ability to modify policies adopted by the Council. The applicant can appeal the Harbor Commission's decision and Harbor Resources Manager Miller's decision to the City Council. That's probably where this should be heard. Commissioner Blank moved to uphold Harbor Resources Manager Miller's decision. Vice Chair Girling seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham Noes: Commissioner Drayton, Commissioner Beer. Harbor Resources Manager Miller reiterated the applicant's ability to appeal the decision to the City Council. The Commission might consider expediting a review of Council Policy H-1. He is working with GIS staff to create a booklet regarding Policy H-1. 3. Mooring Administration in Newport Harbor – Harbormaster Report City Harbormaster Dennis Durgan will provide a status update on the new mooring administration program as well as general harbor operations. Recommendation: 1) Receive and file. Harbormaster Durgan reported the City took over administration of moorings on July 1. Staff has visited every mooring and attempted to record the mooring number, the presence of a boat, the registration number, and the quality of mooring lines as well as photograph the boat. Staff is now comparing its data with the County's data. Four Commissioners have taken tours of the Harbor. Three boats are presently in service and are working well. Daily duties include field checks of the anchorages, review of lifeguard swim lines, visiting the pump-out stations, collection of floating debris, and sea lion abatement. Staff is providing general assistance on the water. Staff coordinated with the Sheriff's Department to raise a sunken boat the past week. Staff is also renting and transferring moorings. The sand line moorings do not have spreader lines because electric boats have been caught in the spreader lines. 5 Harbor Resources Manager Miller advised that a second reminder post card will be sent soon, if it hasn't already been sent. Harbormaster Durgan indicated staff responded to 316 calls for assistance, 132 calls about sea lions, 81 calls about bridge and pier jumping, and 13 emergency situations; and handled 255 speeding and wake advisements, 170 mooring assists, and 125 trash pickups in July. Staff is considering issuing citations if permittees do not implement measures to prevent sea lion boardings. Kids jumping from piers and bridges remains a major concern. Harbor service workers total 13 currently, and each is working 20 hours per week. There have been seven mooring transfers and approximately 160 nightly rentals. Between July 16 and 31, the number of boats in the east and west anchorages was 97. Commissioner Girling expressed interest in the number of speeding notations month to month. Hopefully they will decrease. In response to Commissioner Girling's questions, Harbormaster Durgan explained that general assistance could be a Duffy boat out of power or an exhausted paddle boarder. The west anchorage has had fewer boats than the east anchorage because rafting is allowed in the east anchorage. Over the holiday weekend, the west anchorage was close to capacity. In reply to Chair Kenney's question, Harbormaster Durgan stated anybody working in a business that caters to the general public is more likely to speed. He plans to meet with companies and explain the concern about wake. Chair Kenney had observed that the biggest violators from a wake standpoint are divers. Harbormaster Durgan explained that staff needs to complete training in order to issue citations. Bob Thurmond, Harbor Services Worker, advised that staff is preventing medical emergencies for people who are exhausted or tired. Lost and stranded people do not know who to contact, but staff's presence is changing that. People are becoming more cognizant of staff's presence in the Harbor. General assist covers a wide range of situations, and the community is embracing staff's responsiveness. Staff is the vanguard to preventing medical emergencies in the Harbor. 4. Harbor Commission Objectives – Update Objective No. 4 Harbor Commission Objective No. 4 describes the Commission’s goal of supporting the City’s Regional General Permit 54 for nearshore dredging as well as the City’s eelgrass program, and for identifying any available means to streamline that permitting process. At the June 2017 meeting, the Commission also expressed a desire to include the topic of deep-water channel dredging to this same Objective. Recommendation: 1) The Harbor Commission may consider adding deep-water channel dredging to the Commission's Objective No. 4. Harbor Resources Manager Miller noted during the last meeting that Commissioners mentioned updating Objective 4 to include main channel dredging. Staff had provided language for the Commission's consideration. Commissioner Cunningham recalled Council Member Duffield's suggestion to form an ad-hoc subcommittee regarding the dredging process and to work with staff to develop a program. He suggested the Harbor Commission form a subcommittee while re-writing Objectives for 2018. In reply to Commissioner Blank's query, Harbor Resources Manager Miller indicated Commissioners Girling, Beer and Kenney form the Objective 4 subcommittee. Commissioner Girling is Chair of the subcommittee. Chair Girling offered his position on the subcommittee to Commissioner Cunningham. Commissioner Blank moved to include language related to deep-water dredging in Objective 4 and to substitute Commissioner Cunningham for Commissioner Kenney as Chair of the subcommittee. Commissioner Drayton seconded the motion. 6 Commissioner Blank felt it would be better to amend the existing Objective and proceed rather than revising all Objectives and obtaining Council approval. He preferred to make progress on existing Objectives prior to revising and obtaining approval of Objectives for 2018. Harbor Resources Manager Miller indicated the Commission usually reviews Objectives in September and approves them in November or December. He will send Commissioners an email requesting progress on Objectives to present at the Commission's September meeting. Chair Kenney suggested the Commission could forego amending the Objectives but form an ad-hoc subcommittee to study a topic. The Commission could create an ad-hoc subcommittee to address deep- water dredging in conjunction with staff and the City Council. Jim Mosher emphasized the distinction between the Objectives and the subcommittees. Power does not lie with the Commissioners or the subcommittees but with the Commission as a whole. Subcommittees investigate actions that the Commission as a whole can recommend be taken. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Drayton, Commissioner Beer 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Blank wished to delay reformation of Objectives as long as possible so that progress can be made on existing Objectives. Commissioner Girling reported he had toured the Harbor with the Harbormaster and encouraged other Commissioners to do the same. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported he had been assisting the Harbormaster, as needed. Staff is working on delinquent mooring payments and having success. The following day the Central Avenue Pier construction project will begin. The plaza project will follow pier construction, and the goal is for it to be complete by the Christmas Boat Parade. He also helped with a video on pump-outs. 9) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER None. 10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner Girling noted the standup paddleboard discussion should be scheduled for September. Commissioner Blank advised that the speed limit subcommittee met and discussed language. The subcommittee could present its recommendations to the Commission as early as September. In reply to Chair Kenney's inquiry, Harbor Resources Manager Miller indicated he will include an item concerning the waterwheel in the September agenda. 11) DATE AND TIME FOR NEXT MEETING: Wednesday, September 13, 2017, 6:45 (note later start time). 7 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 7:56 p.m.