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HomeMy WebLinkAbout17-09-13 Approved Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, September 13, 2017 6:45 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:45 p.m. 2) ROLL CALL Commissioners: Bill Kenney, Chair Dave Girling Paul Blank John Drayton (absent) Duncan McIntosh Scott Cunningham Ira Beer Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster Andrew Maiorano, Deputy City Attorney David A. Webb, Public Works Director Raymund Reyes, Management Specialist 3) PLEDGE OF ALLEGIANCE – Commissioner Cunningham 4) PUBLIC COMMENTS 5) APPROVAL OF MINUTES – August 9, 2017 Commissioner Cunningham requested a small change to the minutes. Commissioner Girling corrected his comments at the top of page 4 to "[T]he 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 have been 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." Jim Mosher suggested paragraph 4 on page 4 should be "Commissioner McIntosh clarified that the boat could stick out by an amount equal to the width of the beam." Commissioner McIntosh moved approval of the draft Minutes for the August 9, 2017, meeting as corrected. Commissioner Beer seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton 6) CURRENT BUSINESS 1. Potential Regional Trash/Debris Waterwheel Collection System for Lower San Diego Creek Public Works Director Dave Webb will present the potential waterwheel concept project to the Commission. 2 Recommendation: 1) Receive and file. Public Works Director Webb reported staff is working on a project to install a waterwheel trash collection device in San Diego Creek between Freeway 73 and Jamboree Road. About 80 percent of material entering the Bay comes from San Diego Creek. Currently, a log boom at the Newport Aquatic Center collects trash from the Bay, and over the past winter it removed 77 tons of material. A waterwheel used in Boston collects about 38,000 pounds of trash a day and, since its inception, has removed about 1.3 million pounds of trash. He explained the operation of the waterwheel. Staff is conducting an engineering study at a concept level to determine if a waterwheel is feasible. Estimated costs for the project are $350,000 for design and permitting, $1.4 million for construction, and $50,000 for annual maintenance. Director Webb hopes to obtain grant funding for the project. In addition, the City has received donations towards development of the project and wants to cost share with upstream partners because much of the trash is generated upstream. Staff has visited the proposed site with stakeholders, conservation groups, and regulatory agencies, is beginning preliminary discussions with resource agencies, and will continue talks with stakeholders. Director Webb hopes to complete the concept by the winter of 2018 and to have a waterwheel constructed and operational by early 2020. Commissioner McIntosh and others asked how small of an object could the waterwheel collect; Director Webb stated he did not know the smallest item a waterwheel could pick up, but a cigarette butt is possible. The waterwheel would collect reeds as well as trash. Commissioner Blank inquired about the $50,000 annual maintenance cost; Director Webb confirmed that the amount included the cost to remove and dispose of material collected by the waterwheel. Partner cities would share maintenance costs with Newport Beach. This project qualifies as a regional project and could be funded with regional monies. Jim Mosher advised that a waterwheel is located in Baltimore rather than in Boston. 2. Larger Boat Anchorage Fees – Ad Hoc Committee Recommendation The Harbor Commission's anchorage ad hoc committee will review recommended fees for visiting larger vessels, which moor in the Turning Basin. Recommendation: 1) Review the ad hoc committee's recommended fees for larger visiting vessels in the Turning Basin, then recommend staff forward to the Finance Committee for review. 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 in the environment, directly or indirectly. Chair Kenney reported that the ad hoc subcommittee's task was to study transient mooring fees for larger vessels. The subcommittee has collected information from almost all harbors in Southern California and continues to collect data. At this time, the subcommittee is not ready to make a formal presentation. The subcommittee requests this item be continued to October 2017, at which time it will make formal recommendations to the Harbor Commission for consideration and action. 3. Standup Paddleboard – Ad Hoc Committee The Harbor Commission's Standup Paddleboard Ad Hoc Committee will present their latest update to the Commission. Recommendation: 1) Receive and file. Commissioner Girling advised that the subcommittee crafted additional recommendations for the Harbor Commission's consideration. The term standup paddleboard includes all human-powered craft. The City's 3 Harbormaster should coordinate with Code enforcement to identify and regulate operators in the Harbor who are operating without a permit. The Harbor Commission should revise the standup paddleboard safety pamphlet and make the pamphlet available to Harbor operators and the general public. Each Harbor operator should distribute the safety brochure and require users to acknowledge they have read it. Each operator should acknowledge in writing with each user that users can swim. If users cannot swim, the operator should require the user to wear a life vest. For future consideration is a recommendation that operators require users to watch a safety video. However, the City may need to create the video and provide equipment for its viewing. Commissioner Girling concurred with a suggestion for the Harbor Commission to take action and recommend the City Council adopt the subcommittee's recommendations. Deputy City Attorney Maiorano advised that Commission action should be agendized for a future meeting. Harbormaster Durgan requested the subcommittee develop a recommendation to require a leash for paddleboards. Commissioner Girling explained that the subcommittee focused on operators in developing its recommendations. The objective of the recommendations is to encourage operators to educate users regarding safety. A Commissioner suggested users who cannot swim be required to wear a life vest and a leash. Harbormaster Durgan suggested staff host a mandatory operator meeting to share the safety presentation. Lieutenant Alsobrook remarked that the user attestation regarding ability to swim is insufficient. Federal regulations require a personal flotation device (PFD) for each person onboard. Perhaps the Harbor Commission can require each user or operator to provide a PFD. Commissioner Girling explained that the subcommittee did not mention having a PFD because regulations require them. The subcommittee believes that operators are providing PFDs, but users are not required to wear them. The subcommittee may reiterate the federal requirement for a PFD. Chair Kenney reported the pamphlet cites the inland rules for a PFD and sounding device. Lieutenant Alsobrook stated the City could require licensed operators to provide PFDs. 4. Ad Hoc Committee Formation to Review Harbor and Beaches "H" Policies Pursuant to City Council Direction The City Council directed the Harbor Commission to review the Harbor and Beaches "H" Policies of the City Council, and to report back to the Commission with recommendations for revision. The Harbor Commission will form an ad hoc committee to review these policies. Recommendation: 1) Form an ad hoc committee to review the City Council’s “H” Policies and then report back to the Commission with specific recommendations. Upon completing this specific task, the ad hoc committee will disband. 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. Harbor Resources Manager Miller reported the City Council directed the Harbor Commission to evaluate all "H" Policies. The Harbor Commission should provide recommendations to the City Council within the next two to three months. He is preparing a map to facilitate subcommittee review of "H" Policies. Commissioner Blank suggested the Harbor Commission form three subcommittees, one for Policy H-1, one for Policy H-5, and one for Policies H-2, H-3, and H-4. Further, the subcommittee for the Harbor Commission's dredging Objective should review Policy H-5. Commissioners Girling and McIntosh volunteered for a subcommittee regarding Policies H-2, H-3, and H-4 with Commissioner Girling as Chair. 4 Commissioner Cunningham volunteered himself as Chair and Commissioners Beer and Kenney for a subcommittee to review Policy H-5. Commissioner Blank volunteered himself and Commissioner Drayton as Chair for a subcommittee regarding Policy H-1. Deputy City Attorney Maiorano confirmed that the subcommittees are not subject to the Brown Act. Jim Mosher noted the amendment dates found at the end of each Policy correspond to City Council meetings. The minutes and/or staff reports for the City Council meetings can provide context for subcommittee discussions. The Water Quality/Coastal Tidelands Committee, the Parks, Beaches and Recreation Commission, and the Finance Committee may be the appropriate bodies to review Policies H- 2, H-3, and H-5 respectively. Harbor Resources Manager Miller advised that he has all versions and associated resolutions for Policy H-1. Commissioner Blank moved to create an ad hoc subcommittee composed of Commissioner Drayton as Chair and himself to study and make recommendations for Harbor Policy H-1. Commissioner Cunningham seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton Commissioner Girling moved to create an ad hoc subcommittee composed of himself as Chair and Commissioner McIntosh to study and make recommendations for Harbor Policies H-2, H-3, and H-4. Commissioner Blank seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton Commissioner McIntosh moved to create an ad hoc subcommittee composed of Commissioner Cunningham as Chair and Commissioners Beer and Kenney to study and make recommendations for Harbor Policy H-5. Commissioner Beer seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton 5. 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 most recent statistics from Harbor Service Workers’ daily work logs. Mr. Durgan also noted that during the prior weekend, the marina and ten Marina Park rental moorings nearby were full. The East Anchorage occupancy averaged 5 vessels per day for August, with an average of just under 2 vessels per day in the trial anchorage. No large boats have requested anchorage. He requested the Commission determine a date for removing the trial anchorage. Marina Park slips were noted to be full during the last two weekends. 40-foot slips are renting for $60 per night plus $1.50 per foot for overhang; 55-foot slips are $82.50 per night plus $1.50 per foot for overhang. Harbormaster Durgan shared photos of events in and around Newport Harbor. In response to Commissioners' questions, Harbormaster Durgan advised that the process for reserving Marina Park moorings is similar to the reservation of a slip. Title 17 rules and regulations require that a 5 mooring be vacant for 30 days prior to rental. The Commission may want to consider reducing that time period. Most noise complaints concerned rafting parties in the anchorages on busy weekends. A discussion on the definition of a raft-up followed. Use of a portion of the Marina Park dock as a temporary tie-up for Marina Park use is working well. Commissioner Blank recalled that the trial anchorage were to be removed by September 15. Harbor Resources Manager Miller reported he extended the deadline to October 17 as allowed by the resolution. Chair Kenney suggested the Commission may need a formal definition of raft-up. He thought a raft-up is defined as two or more boats. 6. Central Avenue Public Pier Time Limits The Central Avenue public pier is currently under construction with the new docking time limits being painted on each side of the float very soon. Staff is requesting confirmation of the Harbor Commission's January 2016 recommendation for the time limits for each side. Recommendation: 1) Review the Harbor Commission’s previous recommendation for tie-up time limits for the Central Avenue public pier, and recommend revisions, if needed. 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. Harbor Resources Manager Miller indicated the Harbor Commission provided comments and suggestions for time limits at the Central Avenue pier in January 2016. Currently there is no size limit on boats using public piers. The Rhine Channel pier has a 3-hour time limit on the bayward side and one 12-foot side. At the 19th Street pier, half of the bayward side has a 3-hour time limit and the second half has a 20-minute time limit. The Harbor Commission previously recommended a 3-hour time limit on the bayward side of Central Avenue and a 12-hour time limit on the side adjacent to the bulkhead. The Harbor Commission made no recommendation for the east and west sides of the float at Central Avenue. A recommendation was made for a time limit of 3 hours. The Municipal Code provides color codes for time limits on the piers. Commissioners suggested a 20-minute loading/unloading area on the bayward side; a 20-minute time limit on the east side; and a green area on the backside and a 20-minute area on one of the sides. Harbor Resources Manager Miller remarked that boaters using the dock to access shops and restaurants may need more than 3 hours but less than 24 hours. Commissioner Blank recommended a 30-foot size limit for boats on the bayward side and prohibiting fishing. A 26-foot or 30-foot boat would be appropriate. Chair Kenney noted the ad hoc subcommittee generally felt 20 minutes was not sufficient and recommended a 3-hour time limit. Harbormaster Durgan suggested a 20-minute time limit for the east end and perhaps the west end. Commissioner Blank moved to implement 20-minute time limits on the two ends and 3-hour time limits on the bayward and landward sides. Commissioner Beer seconded the motion. In reply to Chair Kenney's question, Commissioner Blank indicated he did not want a 12 or 24-hour limit on the bulkhead side. Commissioner Girling concurred. The motion carried by the following roll call vote: 6 Ayes: Chair Kenney, Commissioner Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton Chair Kenney advised that the ad hoc subcommittee recommended no size limits on any of the docks. Commissioners discussed appropriate sizes of boats given the narrow channel, the current during significant tide changes, wind issues, the size of the dock, and requirements imposed by grant funding. Harbormaster Durgan believed 30 feet would be an appropriate size limit for boats. Two Commissioners felt a 30-foot size limit would be best. Deputy City Attorney Maiorano reminded the Commission that the agenda item concerns time limits. Action on a size limit for boats should occur at a future meeting when the item has been agendized. Considering size limits in relation to time limits is appropriate. 7. Proposed Revisions to Mooring Specifications The current mooring specifications were reviewed during the City’s mooring management transition. Staff is recommending revisions for the Harbor Commission to review and subsequently recommend to the City Council for approval. Recommendation: 1) Approve staff’s recommendation for revisions to the mooring specifications, then forward to the City Council for approval. 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. Harbor Resources Manager Miller advised that the proposed mooring weight is 20 percent more than currently required because boats have grown larger and heavier since the specifications were adopted. Many mooring permittees have already increased their weights. The incremental cost to a mooring permittee for upgrading his weights would be in the $400-$500 range. It would be a one-time cost because weights do not disintegrate. Staff did not propose changes to lines. The ring-style buoy was prevalent more than 20 years ago. Currently, most boaters utilize a tube-style mooring. Boat owners are required to check the mooring system every 2 years. Staff recommends the Harbor Commission review mooring types and weights and proposes that the sand line system be at least an option for mooring permittees. Mr. Miller will present the Harbor Commission's recommendation to the City Council on September 26. In response to Commissioner McIntosh's questions, Harbor Resources Manager Miller indicated the standards have been developed and refined through decades of field experience. Engineering firms are hesitant to provide an opinion because the substrate of the Harbor varies. In response to Commissioners' queries, Chuck South of South Mooring Company reported 11,000 pounds at both ends of a 95-foot boat is adequate for Newport Harbor. Most 90- and 95-foot moorings hold well with 7,000-8,000 pounds. Problems occur when 40-60-foot boats have only 1,500 pounds of weight. Movement seems to occur with winds greater than 70 miles an hour. Many owners of newer boats have installed 40-50 percent more weight than required. In Newport Harbor, most boats have more weight at the east or south end. Additional weight is not needed for a single-point mooring. In reply to Commissioner Girling's inquiry, Harbor Resources Manager Miller stated that upgrading to a tube-style mooring would cost $300-$350, and it has a lifespan of 7-10 years. Commissioner Girling moved approval of staff's proposed changes. Commissioner Cunningham seconded the motion. The motion carried by the following roll call vote: 7 Ayes: Chair Kenney, Commissioner Girling, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer Absent: Commissioner Drayton Abstaining: Commissioner Blank 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Blank announced the Balboa Yacht Club along with the Ben Carlson Foundation is hosting a Harbor cleanup day on September 30. On September 6, three Planning Commissioners accompanied him on a tour of the Harbor. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES None. 9) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER Jim Mosher advised the Commission that the City Council's Finance Committee is comprised of four citizens and three Council Members. The four citizens are paired with the four Council Members not a part of the Finance Committee. He questioned why the liaisons were appropriate for the Finance Committee but not the Harbor Commission. 10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner Blank indicated the subcommittee for Harbor speed limit should have a presentation ready for the October Commission meeting. A Commissioner requested an agenda item regarding size limits for boats using the Central Avenue pier. Chair Kenney reported the seasonal anchorage ad hoc subcommittee will have a presentation in October. Subcommittees for Harbor Commission Objectives should provide updates for the October meeting. 11) DATE AND TIME FOR NEXT MEETING: Wednesday, October 11, 2017, 6:30 p.m. 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 9:07 p.m.