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HomeMy WebLinkAbout11/13/2013 - Harbor CommissionNEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES "Old" City Council Chambers 3300 Newport Blvd. Wednesday, November 13, 2013 6:00 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:04 PM. 2) ROLL CALL Commissioners: Duncan McIntosh, Chair Brad Avery, Vice Chair Paul Blank David Girling Joe Stapleton Doug West Karen Rhyne- Absent Staff Members: Chris Miller, Harbor Resources Manager Vladimir Tamargo, Administrative Assistant Jaime Murillo, Senior Planner Council Liaison: Council Member Nancy Gardner 3) PLEDGE OF ALLEGIANCE —Commissioner Stapleton 4) PUBLIC COMMENTS Chair McIntosh invited those interested in addressing the Commission to do so at this time. Len Bose commented that he met with Phil Ramser who encouraged the City to consider adding an anchorage up near the Lido Village area west of Lido Isle (original position). He thought this would help the harbor which was experiencing an increase in traffic over the years. There being no others wishing to address the Commission, Chair McIntosh closed public comments. 6) APPROVAL OF MINUTES — October 9, 2013 Minutes Motion: Commissioner West made a motion to approve the minutes of the October 9, 2013, Regular Meeting. Commissioner Stapleton seconded the motion, which carried with 6 ayes and 0 noes. Approved. 6) CURRENT BUSINESS 1. Back Bay Landing Presentation, Jaime Murillo, Senior Planner, Planning Division The Back Bay Landing project is a proposed integrated, mixed -use waterfront village on an approximately 7 -acre portion of a 31.4 acre parcel located adjacent end to the Upper Newport Bay in the City of Newport Beach. The proposed project involves land use amendments to provide the legislative framework for future development of the site. Amendments to the General Plan and Coastal Land Use Plan are required to change the land use designations to a Mixed - Use Horizontal designation and a Planned Community Development Plan (PCDP) is proposed to establish appropriate zoning regulations and development standards for the site. Senior Planner Jaime Murillo presented a PowerPoint regarding the Back Bay Landing Development Plan (Project). He explained he was looking for comments from the Commission which will be incorporated into the Project's record. Council Member Gardner asked if the comments received from tonight's meeting regarding the Back Bay Landing will be submitted to the City Council. Mr. Murillo responded yes. Commissioner Stapleton asked if the plan will be on the ballot next year. Mr. Murillo responded no. Mr. Murillo stated that the draft Environmental Impact Report (EIR) showed no significant impact to traffic and environment due to the project. After his presentation, Mr. Murillo introduced John Erskine who is the representative for the developer /applicant for the project. Commissioner Blank asked questions about the area south of the PCH bridge, and if it'd be possible to connect the public trail that is planned as part of the Irvine Company's future project. Mr. Erskine replied that they are coordinating with the Irvine Company. Chair McIntosh asked Mr. Erskine regarding public access and the height of dry stack boat storage facility. Mr. Erskine answered that there will be public access, and that the dry stack will be 35' tall with 4 levels for 20-40' boats. Chair McIntosh asked if parts or all of Bayside Village will be changed. Mr. Erskine answered that Bayside Village will not be touched and will stay the same. He then elaborated more about the project. Commissioner Girling asked about class 2 and 3 bike trails of the project. Mr. Erskine clarified what the class of trails were. Commissioner Girling asked about the timeline when the project will be expected to be finished. Mr. Murillo stated that the project will possibly be finished in approximately 4 years, and Mr. Erskine stated that the anticipated start of construction will be in 2016. Council Member Gardner commented regarding the source of funding of the project. Commissioner Girling asked if the applicant discussed the project with the California Department of Fish and Game. Mr. Erskine stated no. Commissioner Girling commented that the project was similar to the Lower Castaways Project that he and Council Member Gardner were a part of. He requested coordination with Mr. Erskine in relation to the Lower Castaways Project. Discussion followed regarding boat launch facilities, docks, access to the water, and boat storage. Commissioner Stapleton asked about results of the draft EIR. Mr. Erskine stated that there was no significant impact to traffic and environment. There will also be no significant noise pollution from the project once it is completed. Commissioner Stapleton asked if there would be a view impact, and Mr. Erskine replied that there would not be. Commission Stapleton liked the public access with kayaks. Commissioner Avery asked if there was a correlation between the dwelling units and the marina. Are there other public docks in consideration? Discussion followed regarding who owns the project. Mr. Erskine elaborated on the different owners and developers involved in the project. Chair McIntosh thanked Mr. Erskine and asked for public comments. Duffy Duffield commented positively about the project and the applicant's outreach to the community. He encouraged the Commission to support the project. He noted that this project has done everything to keep the marine related use along the water's edge. He noted that the boathouse was beautiful. Jim Mosher asked if the public areas will be City owned or developer owned. He also asked if access to the site will be restricted by the developer in the future and if the planned viewing tower will charge fees to access it. Senior Planner Murillo answered Mr. Mosher's questions regarding ownership of the project and stated that the public will have access to the site. As to the times when the site and the viewing tower will be opened to the public as well the associated fees, that will be discussed in the future. Commissioner West commented that the tenor of the comments was positive, and that the Project looks promising. Commissioner Girling made a motion that the Harbor Commission be supportive of the Project, and that they look forward to working with the developers for a synergetic approach with the Lower Castaways project. Commissioner Blank seconded the motion. All ayes. 2. Review of the Invictus Visit to Newport Harbor, and Consideration of Future Requests for Other Visiting Vessels The Harbor Commission will review the recent Invictus visit to Newport Harbor. The Commission may also advise the ad hoc committee to develop criteria for future visiting vessel requests, if desired. Harbor Resources Manager Miller presented the staff report regarding the Invictus' visit. He stated that he did not receive any negative comments from the community regarding the visit nor did the Invictus interfere with the boat show. He suggested that the Commission consider possibly designating area for visiting large boats in the future. He also commented about the lessons learned from Invictus' visit such as defining certain terms and appropriate fees and rates if another such event occurs in the future. Commissioner Girling commented positively on the visit. He stated that it was successful due to the Commission incorporating public comments, specifically about noise which was minimal. He briefly discussed increasing fees for any such visits from other boats the size of Invictus or even smaller. He thanked Harbor Resources staff for their work. Commissioner Avery commented that the Invictus was a great test case and discussed possibly permitting anchorages on Newport Harbor. He wanted Newport Beach to be seen as a friendly and accessible harbor. He supported the idea of keeping both anchorages, and that all of the concerns need to be addressed beforehand. Commissioner West stated that the test was a complete success and complimented the Commission and Harbor Resources staff. He asked Harbor Resources staff to develop a fee structure for boats like Invictus. Commissioner Stapleton thanked the Harbor Resources staff for their good work. He wanted staff to look into permit fees. He asked Harbor Resources Manager Miller regarding the homeowners who were opposed to the visit. Mr. Miller stated that he didn't hear anything negative from the homeowners during the visit. He stated that he invited the homeowners to tonight's meeting for their comments, but no one showed up. Chair McIntosh commented positively about the visit and stated that that he was impressed with the Invictus crew's professionalism. He asked about the possibility of the City owning some of the equipment (moorings) that accommodated the Invictus as a possible revenue source. Mr. Miller stated that Harbor Resources staff will look into the possibility of acquiring the equipment. He showed a picture of the exact mooring location of the Invictus. Chair McIntosh stated that the Invictus was a major attraction to the public and that the public enjoyed the visit, and that it hadn't caused any problems for the boat show. Chair McIntosh asked for public comments at this time. Jim Mosher voiced his concerns about temporary deviations from the City's Municipal Code to accommodate the visit from Invictus. Mr. Bose commented about the mooring equipment, and noted that it could be submerged when not in use. Commissioner West addressed Mr. Mosher's concern regarding temporary deviations and ambiguity in the City's Municipal Code. He concurred that the ambiguities need to be addressed. Commissioner Girling committed to working with staff to fine tune a proposal for the Commission to consider in the future. Commissioner Avery reiterated his desire for two anchorages, and asked at what price does a boat need a permit? (small boats, large boats etc... Where is the cutoff ?) Discussion followed regarding the Commission's recommendation to the City Council on the future of visiting mega yachts to Newport Beach. Commissioner Girling and Avery recommended fine tuning the guidelines and fee schedules that were developed during Invictus' visit and submit a proposal to the City Council for review and approval. The Commission concurred. " Note: At this time (7:42 pm), Commissioner Avery excused himself from the meeting 3. Virgin Oceanic Mooring for Cheyenne in Newport Harbor— Yearly Review The Harbor Commission will conduct an annual review of the temporary mooring permit for the Virgin Oceanic vessel, Cheyenne. Harbor Resources Manager Miller introduced Chris Welsh, representative for the Virgin Oceanic vessel, Cheyenne. Mr. Miller presented the staff report and a picture of where the Cheyenne was currently moored. He invited Mr. Welsh to further elaborate regarding the status of the Cheyenne. Mr. Welsh explained the current testing being done to the Cheyenne. Commissioner Girling asked about a timeline for when the Cheyenne might begin the journey. Discussion followed regarding different milestones for the Cheyenne, and if all milestones were successful, the Cheyenne should be on her journey a year from now. The goal still remains to complete the five dives in the deepest oceans of the world. Chair McIntosh asked for public comments. There were none. Commissioner Girling thanked. Harbor Resources staff for their excellent coordination efforts regarding the Cheyenne. Commissioner West asked about the outreach to the public regarding the Cheyenne and the benefits it will bring to the community. Mr. Welsh commented regarding the outreach events that his team has done, and promised that they'll do more outreach in the future. Commissioner Girling made a motion to continue with the current arrangement with a review in one year. Commissioner West seconded the motion, and noted that he wished more people knew about the Cheyenne's purpose in being in the harbor. 5 ayes, 0 noes, and 2 absent (Commissioner Rhyne and Vice Chair Avery). Approved. 4. Harbor Commission Meetings — Proposed Time and Frequency Change The Harbor Commission will provide input to staff on a proposal to change the times and frequency of the Harbor Commission meetings. Harbor Resources Manager Miller presented the staff report and different options available to the Commission. Commissioner West stated he favored 6:00 p.m. meeting every 1st Wednesday of the month to avoid the schedule conflict with Speak Up Newport (SUN). He commented that he did not favor meeting every other month. Commissioner Stapleton suggested moving the meeting time to 6:30 p.m. to accommodate attending SUN. Chair McIntosh stated he favored staying with the current schedule. Commissioner Girling stated he favored keeping the monthly meeting schedule, but preferred a 7:00 p.m. meeting time. Commissioner Blank stated he favored staying with the current schedule. Chair McIntosh asked for public comments at this time. Harbor Resources Manager Miller advised the Commission that if changes to the schedule will be made, the Commission should bring it to Council to memorialize the change. Mr. Mosher commented positively on Commissioner West comments and also commented on the City Charter rules regarding meetings times for Commissions and subcommittees, and that the Commission could decide on a new meeting time without Council's approval. Discussion followed regarding future meeting time and date. Commissioner West made a motion to adjust the meeting time to 6:30 p.m. and to leave it at its current day of the second Wednesday of the month. Commissioner Blank seconded the motion which carried with 5 ayes, 0 noes, and 2 absent (Commissioner Rhyne and Vice Chair Avery). Approved. 4 Commissioner West commented that this schedule change will relieve the conflict with SUN and possibly get overflow of attendees from the SUN meeting to the Commission's meeting. This will also allow for Commissioners to attend SUN meetings if they so choose. 7) SUBCOMMITTEE REPORTS Commissioner Girling spoke about the Lower Castaways project and the exciting plans that were being reviewed (conceptual draft form). Commissioner Blank spoke about the Outreach subcommittee and his presentation regarding the Commission's goal at the December 4 Yachtsman's Luncheon. He invited the public to attend. He spoke about the "Paddle for the Privates" event for cancer awareness for one's privates. He attended last night's City Council session on the "Look Back" issues for the pier and mooring implementation process. The Public Piers subcommittee's recommendation will be presented to the Tidelands Management Committee at their December 18th meeting. There was discussion about the sunken Shellmaker barge, and Harbor Resources Manager Miller stated he will follow up with the Harbor Patrol regarding the status. Commissioner Stapleton stated he did not have anything to report Commissioner West stated he attended the October 22"" City Council meeting on behalf of the Goals and Objectives subcommittee and presented the Commission's goals and objectives for the year. He stated that the City Council received and approved the Commission's goals and objectives. He praised the Harbor Resources staff and Anchor QEA (City consultant) on their work regarding the RGP -54 application process and eelgrass plan. He and staff met with the Coastal Commission last Tuesday regarding the eelgrass plan which he reported went well. He was confident that the RGP -54 application will be renewed on April 1, 2014. The eelgrass plan approval may or might not be approved in time with the RGP 54 approval. Harbor Resources Manager Miller stated that he will meet with the Dredged Materials Management Team next week regarding to the City's RGP -54 sediment testing. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Council Member Gardner commented regarding changes to the "Look Back" fees discussed during last night's City Council meeting. She invited the Commission to the Coastal Bay Water Quality Committee meeting tomorrow as there will be a representative for the Regional Water Quality Board. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported that at last night's City Council meeting, in regards to the "Look Back" fees, City Council directed City staff to eliminate the buffer zone around the docks so that the City will only charge for the pier, gangway, float, and the inside of the U- shaped float (if applicable) at full appraised rate. He commented that the Lido Isle Yacht club is not a commercial facility as was previously designated, but a residential facility as decided by the Council last night. He discussed longer and shorter permits regarding the residential facility. Commissioner West commented on the public comments at last night's City Council meeting regarding community benefits of the Tidelands Fee /Fund. Discussion followed regarding Tidelands Fee /Fund benefits. Mr. Miller stated that he completed a public pier review on the heels of the subcommittee's report. He will provide an overview at the December meeting. Mr. Miller reported that he attended a two day conference of the California Marine and Navigation Conference (CMANC) meeting which focuses on securing federal funding for California's harbors. He chairs the Working Waterfront subcommittee that addresses major harbor infrastructure, like the City's future seawall project. He commented that CMANC is also an advocate for increasing the allocation of the Harbor Maintenance Tax Fund from the Federal Budget to California. Mr. Miller reported that Supervisor Levin is at a Marina Recreation Conference to learn more about operating a marina in preparation for the City's Marina Park project. Commissioner West asked about the "Look Back" residential and commercial rates. Mr. Manager Miller elaborated the different tiers and classification rates. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Chair McIntosh opened the public comments. Mr. Bose commented on the rumors he heard regarding commercial boat operators operating without permits during the Christmas boat parade. Chair McIntosh also commented about boats with a high number of passengers during the parade. Commissioner Stapleton will give a full report regarding the Christmas Boat parade as he is helping to organize the event, and will be on the lead Harbor Patrol boat for one of the nights. Commissioner West asked if Commissioner Stapleton was aware of Mr. Bose's concern. Commissioner Stapleton stated that he is aware and he will look into the matter. 11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) Commissioner West stated that he wanted a review of the Commission's progress regarding its current year objectives being added to the January meeting. He also commented regarding the disconnect between the Commission and the Harbor Patrol. He suggested that the Commission should invite the Harbor Patrol for a "State of the Harbor" meeting. 12) DATE AND TIME FOR NEXT MEETING: December 11, 2013, 6:30 PM at usual location (Council Chambers Civic Center). 13) ADJOURNMENT There being no further business to come before the Harbor Commission, Chair McIntosh adjourned the meeting at 8:42 PM. A