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HomeMy WebLinkAbout17-12-11 Harbor Commission Minutes - Final Approved NEWPORT BEACH HARBOR COMMISSION MEETING MINUTES Council Chambers – 100 Civic Center Drive Monday, December 11, 2017 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:35 p.m. 2) ROLL CALL Commissioners: William Kenney, Jr., Chair David Girling, Vice Chair Scott Cunningham, Secretary Ira Beer, Commissioner Paul Blank, Commissioner John Drayton, Commissioner Duncan McIntosh, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster Carol Jacobs, Assistant City Manager Ann Ewing, Deputy City Attorney Raymund Reyes, Management Specialist 3) PLEDGE OF ALLEGIANCE – Commissioner McIntosh 4) PUBLIC COMMENTS Paul Prioleau advised that the pump-out station at the Balboa Bay Club marina has not worked in about six months. On the facility is a number to call if it doesn't work, but that number has been disconnected. His wife took her class to the Harbor to survey pump-out stations. Of ten stations, five were either out of order or not noted on the chart they used; one was a portable machine that students couldn't figure out how to operate; two were located on small docks; and two were located on docks suitable for his 60-foot vessel. Someone needs to take responsibility for maintaining pump-out stations, ensuring pump-out stations work, and providing adequate education to the public. Commissioner Girling reported five of the eleven pump-out locations are maintained by the City in four locations. The others are privately maintained but publicly available. He suggested the Commission agendize the issue for discussion. The pump-out stations should provide locations of nearby pump-out stations. Commissioner Blank indicated the Pumpout Nav app accurately lists pump-out stations and allows users to report problems. Chair Kenney noted the online Complete Cruising Guide of Newport Harbor contains locations of facilities. He questioned whether conditions of approval for future projects of significant improvements to public marinas could require installation and maintenance of pump-out stations and provide penalties if stations are not properly maintained. Mr. Prioleau suggested the Commission explore pump-out equipment for bilges. In response to a question, Harbor Resources Manager Miller stated private marinas are allowed to charge a nominal fee for use of a pump-out station, even if the marina receives a grant from the state. 2 5) APPROVAL OF MINUTES – November 8, 2017 Harbor Resources Manager Miller reported staff had received Mr. Mosher's suggestions for grammatical revisions. Commissioner Drayton noted he and Commissioner Cunningham abstained from the vote on the Minutes of the October 11 meeting. Commissioner Beer requested one "topics" be deleted from the middle of the first paragraph under Item 10 (page 6). Chair Kenney indicated "if" should be changed to "that" in the first line of page 6 and Mr. Mosher's revisions should be incorporated into the draft minutes. Commissioner Girling moved approval of the draft Minutes for the November 8, 2017, meeting as corrected. Commissioner Drayton seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Beer, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: none 6) CURRENT BUSINESS 1. Harbor and Beaches Capital Plan Review Staff will provide an overview of the Harbor and Beaches Capital Plan Recommendation: 1) 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. 2) Review the Harbor and Beaches Capital Plan and return to the January 2018 meeting with recommended updates. Harbor Resources Manager Miller reported the goal of the Plan is to review long-range projects for the harbor and beaches. The Plan outlines how to plan for and fund projects in the long term. The Plan contains rough project estimates and is meant to evolve over time. The high-cost projects are seawall/bulkhead maintenance and Harbor dredging. The spreadsheet of projects was provided for the Commission to review with the idea that it would be discussed in detail in January. The dashboard for the Harbor and Beaches Capital Plan provides meaning and interpretation of the numbers. Funding for the Plan comes from the General Fund, loans, Tidelands Fund, and perhaps oceanfront encroachments and grants. Funding of big-ticket items will require federal assistance. Public Works Director Webb added that the Plan contains projects developed by prior committees. He requested Commission input regarding projects missing from the list and the order of projects. Dates are tentative and dictated by federal schedules and permits. Commissioner Drayton requested the status of each project and the priority order of projects within a given year be included in the spreadsheet. In response to Commissioners' questions, Finance Director Matusiewicz advised that debt service pertains to a General Fund loan for dredging and for completion of dredging for Marina Park. If a project is listed in the Plan, then there is a roadmap to fund the project. Having this list of projects allows him to determine the amount of money to set aside annually to fund large projects. Dedicated revenues are the amount of the incremental increase in Harbor rents, and those funds are placed into the Harbor Capital 3 Fund. The 0.00 to 60% in the Debt Service graph represents the amount of dedicated revenues used to pay debt service. Notes to the State Tidelands Report indicate the terms of the loan repayment and the debt service. Approximately $1-1.2 million is allocated annually for debt service until 2030 when the loan is repaid. One-time contributions are typically allocated by the Council from a General Fund surplus. The ongoing contribution is an annual allocation from the General Fund to fill the gap between projected expenses and projected Tidelands funding. Finance Director Matusiewicz was not aware of the likelihood of the City receiving grants in 2023-2027. Public Works Director Webb added that the grant amounts are projections of possible federal funding. The amounts will change after negotiations with the federal government are complete. In reply to Chair Kenney's query, Harbor Resources Manager Miller clarified that what appears to be bulkheads around Newport Island and/or one or two of the channels are actually street ends. Jim Mosher remarked that the spreadsheet should have been made available to the public and inquired if a link to the information is available on the City's website. Public Works Director Webb stated staff would post the PowerPoint presentation, which contains the information, for public review. 2. Review Appraisal of Mooring-Related Rents and Other Harbor Operations Fees Staff will review an appraisal that focuses on mooring sub-permit rents as well as anchorage fees for larger visiting vessels. In addition, other Harbor Operations fees will be reviewed. Recommendation: 1) 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. 2) Review the various Harbor Operations rents and fees, and recommend staff forward to the City Council for consideration. Public Works Director Webb reported that administrative authority will transfer to the Harbor Operations group under Assistant City Manager Carol Jacobs until the Council makes a final determination regarding the pilot program. Harbormaster Durgan advised that staff has used the County's rent and fee structure since the City assumed control of the Harbor in July. The City should implement fees that reflect current market rates. The City hired Netzer & Associates to establish rates. The proposed rate is $1.25 per day per lineal foot year round. For on-shore moorings, the proposed rate is $0.625 per day per lineal foot. A new fee for catamarans is based on length with a premium of $0.25 per day per lineal foot because of the width of catamarans. A new fee for trimarans is based on length with a premium of $0.50 per day per lineal foot. The proposed rate for large vessels, 100 feet and above, is $1.55 per day per lineal foot. Staff proposes the same fees as the County of Orange for towing and impounding. A new fee for dinghies and tenders on public docks is $30 per day. For storage racks at Marina Park and Balboa Yacht Basin, staff proposes an increase from $25 a month to $50 a month. Staff proposes a new rate for a slip rental at Marina Park of six hours or less at $30 per day. In reply to Commissioners' questions, Harbormaster Durgan indicated there is a waiting list for dinghy racks. Staff is not proposing a towing fee for vessels 14 feet and under because staff could chain them to the public dock. Boats over 14 feet will need to be towed from public docks. Once word gets around that boats are being chained, the issue should resolve. Staff relied on the appraiser's report to determine a formula for working with mono-hulls and multi-hulls. Staff will need to ensure there is sufficient space between moorings in the mooring field for catamarans and trimarans. 4 Commissioner Drayton felt $30 a day for Marina Park might be expensive and suggested staff consider a two-hour fee for small boats. He also suggested staff consider racks for SUPs. Harbormaster Durgan noted there is no tie-up fee if boaters are using Marina Park. Public Works Director Webb clarified that staff recommended increasing the dinghy fee because the racks are being used for storage. Marina Park is not intended to be a storage area for dinghies or SUPs. Commissioner Blank appreciated the proposed premium for catamarans and trimarans because they do require more space than a mono-hull. There is a significant difference between a sailboat catamaran and a powerboat catamaran with respect to space. Chair Kenney advised that the table on page 10 of the appraiser's report should state daily rate rather than monthly rate. The appraiser used the same data as the ad hoc committee. The appraiser did not use slips and end-ties available in Southern California harbors and adjust those based upon some factor in determining the ultimate rate. Jim Mosher struggled to understand the justification for charging a $1.25 daily rate when the yearly rate is $35.43. He failed to understand why the full market value is different for a short rental period than for an annual rental. Chair Kenney indicated the rates charged are comparable to those charged in other harbors. Jim Netzer, appraiser, added that short term rentals require more administration due to tenant turnover. Rates presented in the report are rates the market will bear, which is the fair market rate for a transient mooring. In answer to Chair Kenney's question, Mr. Netzer reported he focused more on moorings rather than trying to quantify an adjustment for the difference between a slip and a mooring. George Hylkema remarked that some boaters would not be able to afford or would not consider utilizing Newport Harbor if the proposed rates are implemented. Commissioner Blank was not willing to endorse the proposed rates and suggested the nightly rate per lineal foot should be $0.75, the increment for a catamaran should be $0.125, and the increment for a trimaran should be $0.125. His proposed rates would promote Newport Harbor as a welcoming destination, and people would be willing to pay $30 per night for a 40-foot mooring. The appraiser's report contains accurate information, but the proposed rates are not appropriate for Newport Harbor. Chair Kenney supported Commissioner Blank's position. Commissioner Girling wanted to hear the ad hoc committee's presentation before taking action. Assistant City Manager Jacobs advised the Commission that there was no urgency for it to take action. Commissioners concurred with postponing this item. Chair Kenney recommended this item and the ad hoc committee's recommendation regarding mooring fees for large vessels be agendized for the January meeting. 3. Larger Boat Anchorage Area – Ad Hoc Committee Recommendation on Rules and Fees. The anchorage ad hoc committee will review and provide recommendations on: (1) recommended vessel size, (2) double point anchorage requirements, and (3) proposed fees for visiting larger vessels that moor in the Turning Basin with a City permit. Recommendation: 1) 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. 5 2) Review and approve the ad hoc committee's recommendations, and direct staff to forward to the City Council for consideration. Discharge the Larger Boat Anchorage Ad Hoc Committee. Chair Kenney related the committee's recommendation that a vessel in excess of 80 feet be required to obtain a permit to anchor in Newport Harbor; the vessel be required to anchor in a designated large- vessel area; and the vessel be required to anchor both bow and stern. In reply to Commissioners' questions, Chair Kenney reported large vessels will have to install temporary moorings for their use or use their own ground tackle. Requiring vessels of less than 80 feet to use two anchors is not on the table. A vessel over 80 feet would be required to use the designated large-vessel area. The committee is proposing a large-vessel area for the West Anchorage only. The West Anchorage may become permanent at some point. Harbor Resources Manager Miller advised that staff is working through the regulatory process to approve the anchorage. The Council and Coast Guard have not approved the anchorage. In response to Commissioner Girling's inquiry, Chair Kenney suggested the Commission could recommend the Council establish the large-vessel area in its motion. Commissioner Blank moved to require any vessel 80 feet in length and greater to obtain a permit to anchor in Newport Harbor; to require that vessel to anchor in the large-vessel area only, as the large- vessel area is defined on the trial anchorage aerial approved by the Council in May 2016; to require that vessel to anchor bow and stern; and to recommend the City Council make permanent the trial anchorage area approved in May 2016. Commissioner Cunningham seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Beer, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: none 4. Harbor Commission Objectives for Calendar Year 2018: Review and Approve The Harbor Commission ad hoc committee will review the proposed 2018 Objectives and recommend approval. Recommendation: 1) 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. 2) Approve the proposed 2018 Harbor Commission Objectives and recommend they be forwarded to the City Council for review and approval. Commissioner Drayton reported the committee considered the Charter, directives from the City Council, 2017 Objectives, input from the public and Harbor Commissioners, and external factors such as state and local government regulations. The committee identified six functional areas within the purview of the Harbor Commission: dredging; Harbor operations and management; Harbor amenities and capital assets; Harbor policies, codes, and regulations; commercial, recreational, and educational activities; long-term plans and vision for the Harbor. Commissioner Drayton reviewed objectives for each functional area. A lead Commissioner for each functional area could prioritize and define objectives for that functional area. Commissioner Girling believed the Commission Chairman, whomever that may be in any given year, should be designated as the liaison with the Vice Chairman serving as alternate for Objective 5.3. Objectives 2.3 and 3.1 appear to overlap and could be the same. 6 Chair Kenney expressed concern that many of the Objectives are not sufficiently quantifiable to be accomplished within a defined time period. One elected official had shared his desire for the Commission to study the charter fleet industry and determine whether specific recommendations to Council for regulation of charter boats are needed. Commissioner Girling felt it would be premature for the Commission to approve the Objectives without have time to review them. He suggested the Commission assign a Commissioner to each functional area and Commissioners return with specific Objectives for each functional area. Chair Kenney commented that Objective 3.5 should be established by an engineer rather than the Harbor Commission. Objective 3.6 is the responsibility of City staff. With respect to Objective 4.1, the Harbor Commission has been tasked with reviewing Harbor Policies but not tasked with an update of Title 17. Objective 4.1 can include a look at and recommendations for the Marine Activities Permit. Objective 4.2 is the same as Objective 4.1. He supported closure of Objective 4.3. Under Objective 5.1, a committee should study regulations for the charter fleet in collaboration with the charter fleet. Objective 5.2 can be accomplished through redrafting the Marine Activities Permit. In Objective 5.3, the liaison is probably the Chairman's responsibility. Objectives 6.1 and 6.2 are long range. The question is how to create a committee that is more far-reaching than the 12-month period the Commission was given to accomplish its Objectives. Chair Kenney suggested the Commission assign one Commissioner to each functional area for study and report in January. Commissioner Cunningham volunteered for Section 1; Commissioner Girling for Section 5; Commissioner Beer for Section 3; Commissioner Drayton for Section 2; Commissioner Blank for Section 6; and Commissioner McIntosh and Chair Kenney for Section 4. Commissioner Girling moved to appoint Commissioner Cunningham to Functional Area 1, Commissioner Drayton to Functional Area 2, Commissioner Beer to Functional Area 3, Commissioner McIntosh to Functional Area 4, Commissioner Girling to Functional Area 5, and Commissioner Blank to Functional Area 6. In January, Commissioners will present specific functional area Objectives, which will be presented to the City Council in February. Chair Kenney seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Beer, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: none 5. City Harbormaster Report on Harbor Operations City Harbormaster Dennis Durgan will provide an update on Harbor Operations. Recommendation: 1) 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. 2) Receive and file. Harbormaster Durgan reported that staff continues beta testing a digital log of activities. The extreme tides over the past few weeks have caused the Bay to fill with debris. Sea lions have dissipated resulting in fewer calls about them. Staff has handled 26 mooring transfers since July 2017. On average, moorings are trading for approximately $1,000 per foot. Intra-familial transfers total 3; 5 permits have added permittees; and 3 transfers are pending. Staff has issued 79 warning notices; 36 administrative citations, and 5 notices of intent to revoke. Because the start/finish for the Boat Parade has been moved to the tip of Lido Isle, Harbormaster Durgan moved anchorage buoys and speed buoys to the east. The buoys will be returned to their original locations on Monday following the Boat Parade. Staff will prevent 7 the public from using docks to view the Boat Parade as every slip and sandline mooring is rented. He reviewed the route of the Boat Parade. The website provides times at which the Boat Parade will pass specific locations. Commissioner Blank advised that the route was changed to allow the Boat Parade to pass Marina Park early in the evening. Harbormaster Durgan added that the Orange County Sheriff's Department will have boats in the Harbor during the Boat Parade. In response to Commissioner Blank's comment, Harbormaster Durgan indicated staff will assist people with the process of acquiring mooring permits and direct them to listings of moorings for sale. Staff can provide only the name and address of current mooring holders if someone inquires about a specific mooring. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Girling advised that the ad hoc committee is on track to give an update on Policies H-2, 3, and 4. Harbor Resources Manager Miller advised that Policy H-1 is almost complete. He will provide the ad hoc committee a final version later in the week for review. All Policies may be ready for Commission review in January. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported the Central Avenue Public Pier dedication event is scheduled for Wednesday, December 13, at noon. The Commission, City Council, and public are invited. The end of the RGP-54 sediment sampling project is near. This project will allow the City to retain its permit. Calculating and categorizing eelgrass is not part of this project; however, that will occur in 2018. Staff will be starting the Lower Bay deep channel sediment sampling at the first of 2018 with plans for presenting a report in March. The Coast Guard is onboard with conceptual ideas for converting stationary federal markers in the Harbor to floating markers. Staff will prepare a document to memorialize the agreement and obtain Coast Guard and City Council approval. Currently, four or five markers have not been converted to floating. The last proposal included conversion of all markers to floating. 9) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER Len Bose commented that markers in the dunes area of the Upper Bay are extremely difficult to see and find on a dark night. Better lighting of the markers would be a benefit for boaters. Harbor Resources Manager Miller indicated he would notify Lieutenant Alsobrook of the situation. Chair Kenney concurred with Mr. Bose's assessment of the marker lights. 10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner Cunningham suggested the Commission explore a means to report on Objectives periodically during the year. Chair Kenney noted the Commission currently receives written reports quarterly in the agenda packet. Oral reports would be better. Chair Kenney understood Commissioner Cunningham was suggesting the Commission discuss reporting as part of the discussion of Objectives. 11) DATE AND TIME FOR NEXT MEETING: Wednesday, January 10, 2018 8 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:47 p.m.