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HomeMy WebLinkAbout17-11-08 HC Minutes - Approved NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES Council Chambers – 100 Civic Center Drive Wednesday, November 8, 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, Vice Chair Paul Blank John Drayton Duncan McIntosh Scott Cunningham Ira Beer Staff Members: Chris Miller, Harbor Resources Manager Dennis Durgan, Harbormaster Ann Ewing, Deputy City Attorney Raymund Reyes, Management Specialist 3) PLEDGE OF ALLEGIANCE – Commission Blank 4) PUBLIC COMMENTS Long-time resident Steve Fredrick commented on the issue of party boats in the harbor especially with regards to Pacific Avalon. Mr. Fredrick notes that this commercial entity sacrificed the tranquility of the harbor, and that it violated the terms of its harbor activities use permit, and that the permit should be revoked. Vessels are getting larger and larger, and noisier and noisier. In his opinion, it is a clear zoning failure and loophole with no clear enforcement and supervision at night. The Harbor Patrol does not enforce the Municipal Code. Fees and permits should be made sufficient to provide for adequate enforcement. The City should not be licensing operations that cannot be supervised and maintain enforcement of municipal code on. Chair Kenney asked Chris Miller about the process for the City being made aware of charter boat issues. Further discussion was held on enforcement and response. Deputy City Attorney Ewing asked that this topic be agendized for a future meeting. 5) APPROVAL OF MINUTES – October 11, 2017 Commissioner Blank provided clarification on page 3, second paragraph of the minutes, asking that the comment “The area a boat occupies is the square of the length of the boat” be stricken due to the inaccuracy of the statement. Vice Chair Girling asked for clarification on the third and fourth paragraphs of page four, and asked that they be stricken. Commissioner Blank corrected, noting that it was just paragraph four that should be removed. Vice Chair Girling concurred and asked for removal of paragraph four. Commissioner Beer asked that the last paragraph on page three be revised to say, “Commissioner Beer noted that the west anchorage appears to have been successful. The Harbor Commission should consider having it be year-round with proposed restrictions plus require the Harbormaster to remove the anchorage just prior to and following the holiday boat parade and at the Harbormaster’s discretion, adjusting the anchorage’s dimensions if necessary to accommodate the spring boat show and seasonal races or practices.” 2 A motion to approve the draft Minutes for the October 11, 2017, meeting as corrected was made. The motion carried by the following roll call vote: Ayes: Chair Kenney, Vice Chair Girling, Commissioner Blank, Commissioner McIntosh, Commissioner Beer. Abstain: Commissioner Drayton, Commissioner Cunningham 6) CURRENT BUSINESS 1. Public Pier Signage In an effort to consolidate the various signs in use at the City’s public piers, staff has developed new signage that is consistent, easy to read and user friendly. Staff is requesting feedback from the Harbor Commission on the new sign design. 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; provide feedback to staff on signage. Harbor Resources Manager Miller provided a report on a new sign design for public piers. With the construction of the Central Avenue Public Pier and Plaza, Harbor Resources Manager Miller noted that it would be a good time to re-evaluate existing pier signage and create a more consistent, readable format. Due to an issue with the audio/visual equipment in Council Chambers, the PowerPoint presentation was not shown; however a hard copy of the draft Central Avenue sign was shown to the Commission and the public. Commissioner Beer inquired about font size and legibility. Harbor Resources Manager Miller and Vice Chair Girling discussed sign placement on Central Avenue Public Dock. Commissioner Drayton inquired about Municipal Code sections listed on the signage, and enforcement of such regulations. Commissioner Blank supported Commissioner Beer’s comments to have a larger font size for the most important elements of the signs. Harbormaster Durgan asked about placing a thirty foot max note down on the dock itself alongside the colored time limits. Chair Kenney asked about the defacing of docks (such as fishermen drilling holes into the pier for their poles) and signage for such violations. 2. Living Aboard a Vessel in Newport Harbor – A Review of the City’s Regulations Staff will provide a report on the rules and regulations concerning living aboard a vessel in Newport Harbor whether in the mooring fields, residential piers or commercial marinas. 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. As the presentation was not able to be brought on screen, Harbor Resources Manager Miller proceeded with an oral presentation on the topic of live aboards in Newport Harbor. Living aboard a vessel is not permitted in residential slips. They are allowed in commercial marinas, but are left to the discretion of the marina. Harbor Resources Manager Miller noted that live-aboard permits are allowed on offshore moorings; however they must be a mooring permittee, and that the vessel would be their primary residence (classified as eight months out of the year). A sewage holding tank is required. Live-aboard permittees pay an annual fee and there are inspection requirements which need to be met prior to issuance (such as a dye tablet test 3 and confirmation of a pumpout log). Dennis Durgan inquired about Title 17 definitions of live-aboards. It was noted that there may be a large number of non-permitted live-aboards in the harbor, and that Harbormaster Durgan would be focusing on enforcement during the winter season. Vice Chair Girling inquired about live-aboard regulations and sub-permit rentals. Harbor Resources Manager Miller provided clarification and noted that the language could be cleared up and made more consistent with other portions of live-aboard language in the Code. 3. Derelict Vessels in Newport Harbor – Ad Hoc Committee Report The Harbor Commission Derelict Vessel Ad hoc Committee will review their initial findings on this topic 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. Harbor Resources Manager Miller asked the ad hoc committee if they had a presentation they would like to present. Commissioner Drayton noted that he, Commissioner Cunningham, Harbormaster Durgan, and Harbor Resources Manager Miller had previously met on the topic of derelict vessels in the harbor. Commissioner Drayton noted that Harbor Operations and Code Enforcement staff have been conducting inspections of the mooring fields, making contact with vessel owners, and have been making good progress. Enforcement would take time, but staff has been doing a good job of tackling the issue. Commissioner Cunningham concurred with Commissioner Drayton’s comments, noting that the committee had reviewed the municipal code, and discussed possible revisions and updates to Title 17 in the coming year. Harbormaster Durgan noted that he has scheduled inspections on a weekly basis with the Code Enforcement Supervisor to follow up on vessels, and noted a good effort by most permittees on getting vessels cleaned up. Mooring Permittee and Newport Mooring Association member George Hylkema inquired about whether or not a non-seaworthy vessel (without an engine) would be considered a derelict vessel. Harbormaster Durgan responded, and Chair Kenney and Harbor Resources Manager Miller provided further input on powerboats without engines versus sailboats. Commissioner Girling asked if the definition of a derelict vessel would be expanded when changes to Title 17 are made. Chair Kenney asked Commissioner Drayton and the ad hoc committee to come up with a definition of a derelict vessel, and possibly a new definition for an at-risk vessel. Commissioner Drayton felt that the current code language was adequate for current purposes, but that the ad hoc committee was looking at other codes around the country for further input and refinement to the definition of a derelict vessel. Commissioner Cunningham concurred, noting that the current description in the code could be tightened up, but that it was enough to clean up some 90 percent of the vessels that could be considered derelict in the harbor. 4. 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. 4 Harbormaster Durgan provided a short overview of Harbor Operations for the month of October, noting improvements to the City vessels for winterization, trials with computer tablets, and improvements to derelict vessels as a result of code enforcement operations. Harbormaster Durgan also discussed current sea lion mitigation operations. 5. Harbor Commission 2017 Objectives for Calendar Year 2018 The Harbor Commission will review the current 2017 Objectives, and consider how to evaluate calendar year 2018 Objectives. 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; form an ad hoc committee to study and report back to the Harbor Commission regarding new or updated Objectives for calendar year 2018. The ad hoc committee will return to the Commission at its next meeting to report its recommendations, and then the committee will automatically discharge. Harbor Resources Manager Miller indicated that generally every year, the Commission looks at its objectives. This year, with guidance from Deputy City Attorney Ewing, the Commission would like to review its objectives and current status, end objectives for 2017, and restart in January under a new set of objectives. Harbor Resources Manager Miller noted that an ad hoc committee would exist for a one year period; if an ad hoc committee item was in need of continuation, then the committee would be discharged and re-established the next year. Harbor Resources Manager recommended that an ad hoc committee be formed for the month to look at the 2017 objectives, determine how they could be changed or rearranged, and then come back during the December Commission meeting. Deputy City Attorney Ewing clarified the purpose of an ad hoc committee, which should have a definitive purpose for a definitive amount of time. Chair Kenney asked for further clarification as to the formation of ad hoc committees with regards to long-term objectives. Commissioner Drayton asked about the issue of dredging as a suitable long-term committee for a standing committee. Commissioner Blank noted that a standing committee would be subject to the Brown Act, citing RGP 54 as an example of a topic that would not have been feasible as a standing committee. Harbor Resources Manager Miller asked if there were ways to narrow down such wide topics. Commissioner Beer agreed with Harbor Resources Manager Miller, noted that there were ways to break down objectives in steps and to work within parameters while accomplishing what needs to be done. Commissioner Girling noted that the Objectives process started 6 years ago, and that the process has been refined over time. The Commission has gotten better at fine tuning these objectives, and seeing this as an effective process. Vice Chair Girling suggested going through the list of objectives and asking committee members of status in order to ascertain whether or not some objectives need to come back or be discharged. Chair Kenney asked Deputy City Attorney Ewing if the Commission could create ad hoc committees for the objectives on January 1, and disband them on December 31, and do the same for the following year. Deputy City Attorney Ewing confirmed, noting that objectives should have a definitive end to them. Chair Kenney asked if the ad hoc committee could be disbanded upon completion or at the end of the calendar year, whichever comes first. The Commission proceeded to go through each objective and their status, and which objectives could be marked as complete and which should be reconvened for the next calendar year. Objectives No. 1 and No. 6 could be dropped off, with all other items as active and recommended for placement on the 2018 Commission Objectives list. Following the discussion of the objectives, Commissioner Blank moved to form an ad hoc committee with Commissioners Cunningham and Drayton to provide recommendations on 2018 Objectives at the 5 December meeting, after which it would automatically discharge. Chair Kenney asked Commissioner Blank if the motion could be amended to include himself on the ad hoc committee. Commissioner Blank Confirmed. Chair Kenney seconded the motion as amended. The motion carried by the following roll call vote: Ayes: Chair Kenney, Vice Chair Girling, Commissioner Blank, Commissioner Drayton, Commissioner McIntosh, Commissioner Cunningham, Commissioner Beer 6. 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. 2) Submit Ad Hoc Committee recommendations to staff and direct staff to forward to the appropriate entity for review. Discharge the Larger Boat Anchorage Area Ad Hoc Committee. Chair Kenney noted that the committee was asked to take a second, deeper look at the large vessel anchorage fee at the previous Commission meeting. The ad hoc committee had prepared a presentation on their findings, but due to recent updates regarding a new appraisal by the City of fair market and equitable transient mooring rates, Chair Kenney suggested that the Commission wait for a month or two in order for the City to complete the appraisal and use the data for further analysis and recommendation. Chair Kenney asked Harbormaster Durgan if the Commission could rely on the appraisal in forming a large vessel anchorage fee rate. Chair Kenney discussed other issues and recommendations in relation to the large vessel anchorage fee, specifically on size limits, permitting, and the anchorage area itself. Deputy City Attorney Ewing asked for clarification on the recommendation. Chair Kenney asked for a straw poll from the Commissioners on whether or not to wait until after the appraisal and review all the recommendations at once. Commissioner Girling requested that the Committee wait because other information from the appraisal report might be beneficial in creating a more comprehensive report. Based on comments from the Commission, Chair Kenney suggested that the item be placed on hold and brought back at a later date. 7) COMMISSIONER ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Commissioner Blank provided announcements on an upcoming Water Quality in Newport Harbor presentation, the Central Avenue Public Pier dedication and a study session item on General Plan Updates at the November 14, 2017 City Council meeting. 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 None. 6 10) MATTERS WHICH COMMISSIONERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner Beer asked the Commission that the matter of making the West Anchorage a permanent year-round anchorage could be agendized. Commissioner Blank noted that he received an interesting request for signage delineating that human powered craft use the side spans of the Lido and Coast Highway bridges, which would leave the center span for non-manual powered traffic. Chair Kenney recommended placement of the item on a future agenda. Vice Chair Girling asked about Harbor Patrol jurisdiction and enforcement of the Municipal Code in the harbor. Chair Kenney recapitulated topics discussed previously about enforcement issues, such as dock usage, discharge and live aboards. Chair Kenney noted that he would like to see the Commission give their support to the City’s Harbormaster and Harbor Resources Manager for the staff and resources necessary for full 24/7 enforcement. Commissioner Cunningham asked if it could be a 2018 objective. Deputy City Attorney Ewing asked the Commission what they would like to see happen. Chair Kenney responded, suggesting that the Commission make recommendations to Council regarding the approval and advancement of staffing and resources towards the Harbor Operations group. Public Works Director Dave Webb provided clarification and comments in regards to staffing and the necessary City Council approvals for budget and staffing. Director Webb noted that a study session item for Harbor Operations was slated for the November 14, 2017 Council Study Session, and that the Commissioners were welcome to attend. Deputy City Attorney Ewing noted that any Commission members in attendance would have to represent themselves in an individual capacity. 11) DATE AND TIME FOR NEXT MEETING: Monday, December 11, 2017 12) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:33 p.m.