Loading...
HomeMy WebLinkAbout18-03-14 Harbor Commission Minutes - Approved NEWPORT BEACH HARBOR COMMISSION MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, March 14, 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 Paul Blank, Commissioner John Drayton, Commissioner (absent) Duncan McIntosh, Commissioner (absent) Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster Carol Jacobs, Assistant City Manager Ann Ewing, Deputy City Attorney Raymund Reyes, Administrative Analyst 3) PLEDGE OF ALLEGIANCE – Commissioner Cunningham 4) PUBLIC COMMENTS Lieutenant Mark Alsobrook announced the end of his tenure as County Harbormaster effective March 16, 2018, and introduced Lieutenant Chris Corn as his successor. Lieutenant Chris Corn shared his employment history. Tom LeBeau did not appreciate the Orange County Sheriff Department using Newport Harbor as an impound yard. The City should address this with the County. Bill Peterson requested the Harbor Commission look into the two boats tied at commercial docks in Rhine Channel. The boats exceed the length of the dock and are navigation hazards. The new public dock facilities are incredible and have a positive impact on the economy in the Harbor. 5) APPROVAL OF MINUTES – Minutes of February 14, 2018 Commissioner Blank moved approval of the draft Minutes for the February 14, 2018, meeting as presented. Commissioner Girling seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Girling, Commissioner Cunningham, Commissioner Beer, Commissioner Blank Abstaining: none Absent: Commissioner Drayton, Commissioner McIntosh 6) CURRENT BUSINESS 1. New Dock Proposed at 2223 Bayside Drive The applicant at 2223 Bayside Drive is proposing to build a brand new dock system which would be the first dock ever built at this property. Council Policy H-1 requires a special permit be approved by the Harbor Commission for dock projects in this area of the harbor. 2 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 proposed dock project and approve. Harbor Resources Manager Miller reported Council Policy H-1 requires Commission approval of a special permit for dock projects in the Bayside Drive area of the Harbor. The applicant is not requesting a variance. The proposed dock is compatible with other docks in the area. In response to staff outreach, an adjacent neighbor, who supports the project, asked questions about eelgrass. The applicant will need to work with regulatory agencies regarding permits for construction and eelgrass. In response to Commissioners' questions, Harbor Resources Manager Miller advised that docks are considered permanent impacts to eelgrass and, therefore, are not covered by the eelgrass mitigation program. Pete Swift, Swift Slip Dock and Pier Builders, described the proposed dock and shared the history of dock proposals for this location. In response to inquiries from Commissioners, Mr. Swift explained that the property owner is responsible for moving his dock out of the way to provide access for repair equipment. The distance between the outside edges of the docks for 2223 and 2215 is 12 feet. Legally, the property owner at 2215 cannot side tie a boat on the outside of the southeasterly side of the dock. The applicant does not intend to side tie boats to the outside of either finger of the dock. The applicant would prefer not to relinquish the right to side tie a boat to the southwesterly finger of the dock but would agree to a condition of approval not to side tie boats to the northeasterly finger of the dock. Harbor Resources Manager Miller remarked that no one in the Harbor should rely on someone else's water space for ingress and egress to his own dock. Chair Kenney opened and closed the public hearing without public comment. Commissioner Blank moved to approve the dock project as proposed with no restrictions for side ties on either side of the dock. 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 Abstaining: none Absent: Commissioner Drayton, Commissioner McIntosh 2. City Harbormaster Report on Harbor Operations and On-Water Code Enforcement City Harbormaster Dennis Durgan will provide an update on Harbor Operations including a presentation by the City's Code Enforcement Division about their assistance with on-water code enforcement. 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. 3 Matt Cosylion, Code Enforcement Supervisor, presented the Harbor Enforcement Program and activities for each stage of the program. After receiving a complaint, staff investigates the situation, issues a Notice of Violation (NOV) as warranted, and provides a reasonable timeframe for the permittee to achieve compliance. If compliance is not achieved, then staff issues a citation. If the situation remains noncompliant, staff issues a Notice of Revocation. Staff has not needed to issue a Notice of Revocation thus far. Since late August 2017, staff has opened 150 enforcement cases resulting in 128 warning notices, 46 administrative citations, 8 Notices of Intent to Revoke, 4 impounded vessels, and 1 public auction. In reply to questions, Code Enforcement Supervisor Cosylion indicated the $100 fee accompanies the citation. He was unaware of the number of $100 fees paid. If fees are not paid, the account is moved into the collection process. In response to Commissioners' inquiries, Assistant City Manager Carol Jacobs advised that the Sheriff's Department had been utilizing 11 moorings in A Field, C Field, and adjacent to Harbor Patrol to hold impounded vessels. The City has an informal agreement with the Sheriff's Department for its continued use of these moorings in exchange for the City's use of three slips for lifeguard boats at Harbor Patrol and a garage. The City is working with the Sheriff's Department to ensure impounded boats comply with City standards. The City could probably take action against the Sheriff Department's impounded boats if the City deems them derelict; however, the City has not considered that yet. The City has not specified a time period in which an impounded vessel must be removed from the Harbor. Lieutenant Alsobrook clarified that the Sheriff's Department impounded the vessels as an agent of the City, i.e., the vessels were originally found in City tidelands. The Sheriff's Department has brought impounded vessels from Dana Point or Sunset Harbor into Newport Harbor in preparation for auction but not for long-term storage. Deputy City Attorney Ann Ewing concurred with statements that the City has responsibility for vessels impounded on its behalf. The City is working to dispose of the vessels and has communicated with the Coast Guard regarding impounded vessels registered by the Coast Guard. Staff's priority is disposing of the vessels in the worst condition first. 3. Central Avenue Public Pier—Vessel Sizes and State Grant Funding The Central Avenue public pier and plaza project is complete and has been in use since December 2017. However, as part of the last step in receiving the state's grant funding for this project, the state is requiring that a designated portion of the float be specifically reserved for vessels over 26 feet long, thereby limiting access to the intended vessel size class along the outside face of the dock. Staff is looking for direction from the Harbor Commission as to whether the requirements of the grant are worth pursuing. Recommendation: 1) Find this action is not subject to 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) Provide direction to staff as to the vessel size limits for the Central Avenue public dock. Harbor Resources Manager Miller reported that the City applied for a State grant to partially fund the Central Avenue public pier and plaza project. To receive grant funds of approximately $86,000, the State requires the City to designate an area of the public pier for vessels 26 feet and longer. In October, the Harbor Commission designated the entire side tie area of the pier for vessels 30 feet and less. The State has determined the City's designation does not comply with the grant requirements. Evidence of the designated area must be provided to the State on March 15. In answer to questions, Harbor Resources Manager Miller calculated the number of dinghies and Duffy- sized boats that could utilize the dock as currently configured. The Harbormaster's Office could enforce the size designation in a gentle manner. Funding is designated for the Central Avenue pier and cannot be utilized for other public piers. The total cost of the project was in the $200,000 range and was funded 4 entirely through outside sources. If the space is not designated, funds could be redirected between the public pier and plaza improvements. Commissioner Blank estimated the City's cost for plaza improvements at roughly $1 million. Harbor Resources Manager Miller suspected any designation would be required for 7-10 years. The dock could be striped to reserve an area for vessels 26-30 feet in length, and the remainder of the dock would be limited to vessels 30 feet and less. Commissioner Beer moved to designate an area of the Central Avenue public pier for vessels of 26-30 feet. Commissioner Girling seconded the motion. The motion failed by the following roll call vote: Ayes: Commissioner Girling, Commissioner Beer Noes: Chair Kenney, Commissioner Cunningham, Commissioner Blank Abstaining: none Absent: Commissioner Drayton, Commissioner McIntosh Chair Kenney moved to decline the State grant and retain the size limitations implemented in October 2017. Commissioner Blank seconded the motion. The motion carried by the following roll call vote: Ayes: Chair Kenney, Commissioner Cunningham, Commissioner Blank Noes: Commissioner Girling, Commissioner Beer Abstaining: none Absent: Commissioner Drayton, Commissioner McIntosh 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Cunningham reported the main goal of the Functional Area 1 committee is to convince the Army Corps of Engineers to fund a design dredge plan for deep-water dredging in fiscal year 2019. Once a design plan is developed, the committee's goal is to convince the Corps to fund dredging construction in fiscal year 2020 or 2021. The committee is looking to modify or expand the RGP-54 permit limits and the areas where dredging is needed. Meetings with local agencies have begun. The objective for harbor beaches is to carve out a blanket permit that allows the City to replenish harbor beaches as required. The committee is studying various hydraulic methods for dredging, short-term and long-term storage locations, and various distribution methods. Commissioner Blank advised that the Functional Area 6 committee has drafted an approach document for soliciting feedback regarding a long-term Harbor plan. He related the City Council's action with respect to proposed legislation to designate the Harbor as a port. The Harbor needs to be designated as a port in order for the City to develop and approve a port plan. Commissioner Blank indicated the City's map of racing mark positions has been updated to include new racing mark positions from the Association of Orange Coast Yacht Clubs. Harbor Resources Manager Miller reviewed marker changes. 8) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR-RELATED ISSUES Harbor Resources Manager Miller reported Public Works Director Dave Webb presented the City's Capital Improvement Program, which includes Newport Harbor projects, to the City Council. Staff met with senior officials of the Coast Guard to review converting federal markers from stationary piles to floating buoys. Under the proposal, the Coast Guard will pay for the buoys, and the City will pay for removal of the piles and installation and maintenance of the buoys. The Coast Guard also asked to be involved in the next trial of the West Anchorage before an application for a permanent anchorage is submitted. In April, he will approach the City Council for approval of a temporary anchorage in 2018. With respect to the email from the captain of Scout II, the City currently does not have a designated anchorage. The temporary anchorage will include an area designated for larger vessels. Harbormaster Durgan advised the Commission that the Scout II is 140 feet. The captain requested permission to anchor in the anchorage located at the east end of Lido Island during the week of the Baldwin Cup regatta. Legally, the Scout II has the right to anchor in the anchorage area; however, a vessel that size will fill the entire anchorage. 5 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 Blank requested an agenda item for speed limits provided staff is ready. Chair Kenney requested an agenda item in April regarding typical timelines for disposition of impounded vessels. Chair Kenney noted the lack of tie-up bars in areas of piers designated for tenders and dinghies limits the use of those areas. 11) DATE AND TIME FOR NEXT MEETING: Wednesday, April 11, 2018 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:21 p.m.