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HomeMy WebLinkAboutHarbor Commission Minutes - 01-10-2018 approved NEWPORT BEACH HARBOR COMMISSION MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, January 10, 2018 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:31 p.m. 2) ROLL CALL Commissioners: William Kenney, Jr., Chair David Girling, Vice Chair Scott Cunningham, Secretary Ira Beer, Commissioner (absent) Paul Blank, Commissioner John Drayton, Commissioner Duncan McIntosh, Commissioner Staff Members: Chris Miller, Harbor Resources Manager Carol Jacobs, Assistant City Manager Dennis Durgan, Harbormaster Ann Ewing, Deputy City Attorney Raymund Reyes, Management Specialist 3) PLEDGE OF ALLEGIANCE – Commissioner Drayton 4) PUBLIC COMMENTS None. 5) APPROVAL OF MINUTES – Minutes of December 11, 2017 Commissioner Girling revised the final paragraph on page 5 to "…Commission Chairman should be the liaison to the Marine Committee of the Newport Beach Chamber of Commerce…" Commissioner Girling moved approval of the draft Minutes for the December 11, 2017, meeting as corrected. Commissioner McIntosh seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: Commissioner Beer 6) CURRENT BUSINESS 1. Harbor Commission Objectives for Calendar Year 2018: Review and Approve The Harbor Commission 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. 2 Commissioner Cunningham proposed adoption of Objectives 1.1 and 1.2 as written and Objective 1.3 modified to "establish a sustainable program that consistently re-nourishes the Harbor's sandy beaches on a yearly basis." Commissioner Drayton recommended adding "evaluate current enforcement of applicable City Codes throughout the Harbor and to report regarding the City's first year of operations after July 1, 2018" to Objective 2.1. Objective 2.1 will be the primary objective in 2018. After discussion, Commissioner Drayton concurred with deleting Objective 2.3 as it is identical to Objective 3.1. Commissioner Drayton proposed Objectives 3.1 and 3.2 for 2018. After discussion, Commissioner Drayton agreed to delete Objective 3.5 and to focus on Objective 3.4 first with a focus on Objectives 3.1, 3.2, 3.3, and 3.6 to follow in that order. After discussion, Commissioner McIntosh recommended adoption of Objective 4.1 revised to include review of marine activities permit and Objective 4.3 as written, and deletion of Objective 4.2. Commissioner Girling proposed deleting Objective 5.3 and revising Objective 5.1 to "establish a dialogue with all users of the Harbor including the charter fleet industry, other commercial vessel operators and rental concessions." The primary focus in 2018 would be revised Objective 5.1 and Objective 5.2. Commissioner Blank recommended adoption of Objective 6.1 for 2018. Commissioner Drayton moved to approve the revised 2018 Harbor Commission Objectives and recommend they be forwarded to the City Council for review and approval. Commissioner Blank seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: Commissioner Beer The Commission debated whether a Chairman for each Objective ad hoc committee was determined at the prior meeting. With Deputy City Attorney Ann Ewing's input, Chair Kenney requested formation of ad hoc committees for the 2018 Objectives be placed on the February agenda. Assistant City Manager Carol Jacobs requested that the Commission name either her or Harbor Resources Manager Miller as staff liaison to each committee. Commissioner Blank requested that Commissioner Cunningham join him on a future committee for functional area 6 with Assistant City Manager Jacobs as staff liaison. Commissioner Girling agreed with Chair Kenney joining a future committee for functional area 5 with Harbor Resources Manager Miller as staff liaison. Commissioner Cunningham suggested Harbor Resources Manager Miller as staff liaison for a functional area 1 committee and requested Commissioners with experience in government agencies and infrastructure planning join the committee at the appropriate time. Commissioner Drayton noted Assistant City Manager Jacobs and Harbormaster Durgan would likely participate on a committee for functional area 2. 2. Council Policy Manual Update: Harbor and Beaches H Policies The Harbor Commission will review and approve updates to the H Policies of the Council Policy Manual. 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. 3 2) Review and approve updates to Council Policy H-1. 3) Review and approve updates to Council Policy H-2. 4) Review and approve updates to Council Policy H-3. 5) Review and approve updates to Council Policy H-4. 6) Review and approve updates to Council Policy H-5. 7) Disband the ad hoc committees assigned to reviewing the Harbor and Beaches H Policies (H-1: Blank and Drayton; H-2, H-3 & H-4: Girling and McIntosh; H-5: Cunningham, Beer, and Kenney). Commissioner Drayton reported that the committee conducted a comprehensive review of Policy H-1. The committee did not seek to modify or change any previously approved limits but focused on the language and attempted to clarify the approval hierarchy. Harbor Resources Manager Miller added that the committee focused on areas where a dock can extend beyond the pierhead line, divided some sections, and added examples to provide clarity. Reference maps are linked to the document text and included in the appendix. The opening paragraph gives the Harbor Commission direction as to what it can allow if an applicant requests an exception. Commissioners should determine whether a 10-foot extension beyond the pierhead line is appropriate. After consideration of setting precedents and the need for a case-by-case review, Commissioners agreed that "of up to 10 feet" should be deleted. Jim Mosher questioned whether changes were so extensive that a redline version was not possible; whether the Commission's decisions to approve and deny can be appealed; whether the Policy should provide the Harbor Commission with guidance for allowing an extension; and whether the text or map controls in the event of a conflict between the two. Chair Kenney stated the text controls in the event of a discrepancy between the text and map. Deputy City Attorney Ewing explained that any interested party can appeal a Harbor Commission decision, whether an approval or denial. Harbor Resources Manager Miller clarified that the existing policy was completely revised. The last sentence of the Policy states that an extension will not negatively impact navigation, adjacent property owners or existing Harbor uses, and provides the Harbor Commission guidance to approve or deny an exception. Commissioner Girling advised that Policy H-2 was modified to update agency references. A typographical error in Policy H-3 was corrected. Policy H-3 could be moved to a B Policy because Senior Services and Recreation Director Laura Detweiler's staff is responsible for sensitive marine areas. Harbor Resources Manager Miller believed Senior Services and Recreation Director Detweiler would welcome responsibility for the Policy. Commissioners concurred with recommending transfer of Policy H-3 to a B Policy. Commissioner Girling indicated revisions to Policy H-4 include corrections to grammar; a requirement for the dory fleet to have a valid fishing permit; a requirement for the dory fleet to sell locally caught products; and an update to the types of vessels used by the dory fleet. Mr. Mosher concurred with the recommendation to transfer Policy H-3. Commissioner Cunningham reported no changes for Policy H-5. Commissioner Girling moved to approve the proposed updates to Policies H-1, H-2, H-4, and H-5 and to transfer Policy H-3 to a B Policy. Commissioner McIntosh seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: Commissioner Beer 3. Large Vessel Anchoring Requirements in the Turning Basin The Harbor Commission will define the requirements concerning larger visiting vessels in the Turning Basin area with specific focus on size, anchoring, style and permits. In addition, the current ad hoc committee previously tasked with this issue will disband. The Harbor Commission will then form a new ad hoc committee to review larger vessel fees as well as other fees related to moorings and the Harbor Operations Division. 4 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 and approve the requirements for larger vessels visiting Newport Harbor with specific focus on 1) the minimum size vessel required to use the special area for larger visiting vessels in the Turning Basin for a defined period of time; 2) the requirement to anchor the large vessel bow and stem; and 3) the requirement for a permit for these large vessels. 3) Disband the current ad hoc committee tasked with evaluating these anchorage requirements. 4) Form a new ad hoc committee to review the potential fee associated with large vessel anchoring as well as other Harbor Operations and mooring related fees. Harbor Resources Manager Miller reported recommendation 2 is an error. The Harbor Commission should focus on recommendation 4. Chair Kenney reviewed the action taken in December 2016 with respect to large vessel anchorage. The Harbor Commission should disband the ad hoc committee and create a new ad hoc committee to study and recommend fair daily rental rates for large transient vessels that install their own mooring cans and recommend daily rental rates for the use of on-shore and off-shore moorings, new sand line moorings at Marina Park, Marina Park slips, and Marina Park dinghy racks. The committee will not study fees for 80- foot or greater vessels that anchor in the large-vessel area. Commissioner Blank moved to disband the large vessel anchorage ad hoc committee. Commissioner McIntosh seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: Commissioner Beer Assistant City Manager Jacobs advised that the Netzer draft appraisal should be ready for the Commission in April and the Council in May. Commissioner Blank moved to form a subcommittee composed of Chair Kenney (ad hoc committee chair), Commissioner McIntosh, and Commissioner Beer. Commissioner Drayton seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: Commissioner Beer Harbor Resources Manager Miller indicated he will agendize an item regarding making the temporary anchorage permanent for the February meeting and send public notice. 4. Harbor and Beaches Capital Plan – Review and Approve The Harbor Commission will review and approve the Harbor and Beaches Capital Plan, and recommend forwarding it to the City Council for 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 5 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2) Approve the Harbor and Beaches Capital Plan and recommend staff forward to the City Council for review and approval. Harbor Resources Manager Miller reported staff revised the Capital Plan in response to Commissioners' comments at the December meeting. Projects will never be removed from the Capital Plan but moved to the bottom of the list. Public Works Director Dave Webb clarified that staff prioritized public piers by starting year and within each year by most important to least important project. Commissioner Blank requested a line item for acquisition of waterfront property for a launch ramp in the Lower Bay be included in any savings plan for acquisition of property. Chair Kenney was aware of a potential location with adequate parking; however, he did not know if it could be purchased or leased. Commissioner Drayton suggested staff include some type of impediment along bridges to prevent people from jumping off bridges. Commissioner Cunningham suggested Upper Bay dredging be divided into two items, one for the basin and one for the remaining navigational portion of the Upper Bay, and show 100% of the basin portion of Upper Bay dredging with external funding. Perhaps the year for Lower Bay dredging should be revised to 2021 or 2022. Public Works Director Webb explained that the start date for a project is a guess. Staff will proceed sooner if possible. He agreed to bifurcate the basin and navigational portions of the Upper Bay dredging and show an external funding source. Chair Kenney proposed a pumpout facility for bilge and gray water. Harbor Resources Manager Miller noted a bilge project is found within item 10. Staff met earlier that day with county staff to discuss new hazardous waste recycling facilities or improvements to existing recycling facilities. Commissioner Drayton moved to approve the Harbor and Beaches Capital Plan as amended during the discussion. Commissioner Cunningham seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh Absent: Commissioner Beer 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Blank announced the finials on all public piers have been replaced or refreshed and look fantastic. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported he is currently reviewing results of RGP sediment testing. Lower Bay sediment testing began on January 7. He is also working on replacing signage at public piers. Harbormaster Durgan advised that staff is organizing the office during the slow season and collecting storm debris from the Harbor. He agreed to Commissioner Girling's request to provide the summary report to Commissioners prior to meetings. Over the weekend, ten SUPs were cited for not wearing lifejackets. 9) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER In response to Commissioner McIntosh's query, Harbor Resources Manager Miller indicated staff could rely on the City's biennial eelgrass survey for near-shore projects. The next survey will occur in the summer. 6 10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) None. 11) DATE AND TIME FOR NEXT MEETING: Wednesday, February 14, 2018 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:30 p.m.