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HomeMy WebLinkAbout01/08/2014 - Harbor CommissionNEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, January 8, 2014 6:30 PM 1) CALL MEETING TO ORDER The meeting was called to order at 6:30 PM. 2) ROLL CALL Commissioners: Duncan McIntosh, Chair Brad Avery, Vice Chair Paul Blank David Girling Karen Rhyne Joe Stapleton Doug West Staff Members: Chris Miller, Harbor Resources Manager Shannon Levin, Harbor Resources Supervisor Council Liaison: Council Member Nancy Gardner 3) PLEDGE OF ALLEGIANCE — Commissioner Blank 4) PUBLIC COMMENTS Chair McIntosh invited those interested in addressing the Commission to do so at this time. Len Bose reported that at a recent Tidelands Management Committee, discussion ensued regarding derelict boats, and commented that derelicts are not just off - shore, but also on on -shore moorings. He added that Commissioner Blank's Public Piers presentation was excellent and should be used as an example for other subcommittee presentations. There being no others wishing to address the Commission, Chair McIntosh closed public comments. 5) APPROVAL OF MINUTES — November 13, 2013 Minutes Chair McIntosh acknowledged receipt of corrections to the minutes of November 13, 2013. Motion: Commissioner West made a motion to approve the minutes of the Harbor Commission of the November 13, 2013, Regular Meeting, as amended. Commissioner Stapleton seconded the motion, which carried with 6 ayes and 0 noes and 1 abstention (Commissioner Rhyne). Approved. 6) CURRENT BUSINESS Tsunami Action Plan — Overview of the City's Plan Emergency Services Coordinator, Katie Eing, will review the City's Tsunami Action Plan with the Commission. Recommendation: 1) Provide input to staff; and 2) Receive and file. Emergency Services Coordinator Katie Eing provided a PowerPoint presentation noting that the City has been designated as a "Tsunami Ready" community by the National Weather Service. She presented details of the Incident Action Plan and addressed signage, public education, employee education, tsunami risk to the City, types of tsunamis, the notification system, alert and warning, evacuation routes and tsunami information for boaters. She reported there will be an exercise /drill on March 27, 2014, where the City's Emergency Operation Center will be activated and stated that those who would like to observe or be part of the drill are welcomed to do so. In response to an inquiry by Chair McIntosh, Ms. Eing reported that organizationally, she works for the Fire Department. Commissioner Girling noted that the City is fortunate since it has a south - facing orientation. In response to Commissioner West's inquiry, Ms. Eing reported that a safe elevation for the City of Newport Beach would be thirty (30) feet or higher, above sea level. Vice Chair Avery commented on boater decisions of whether to come into shore or stay out. Ms. Eing stated that she works closely with Harbor Patrol and they would be responsible for calling for mandatory or voluntary evacuations. She believed that presently, they are voluntary and is a matter of public safety. Chair McIntosh opened public comments. Jim Mosher commented on damage caused by boats that may come loose in a tsunami and wondered if there is something boaters should be doing, routinely to minimize the risk. Chair McIntosh closed public comments. Ms. Eing stated that she would look to the recommendations given by the California Emergency Management Agency including staying in touch with weather conditions and receiving tsunami alerts. Vice Chair Avery commented on changing codes and raising the height of and the strength of pilings as mitigation efforts as marinas are replaced. Commissioner West indicated that as a boater, he would put the boat to sea if there was sufficient time. In terms of preparation, he stated that boaters should have their boats ready to go to sea with provisions, food, water and fuel, at all times in anticipation of being out to sea for a 24 hour period in anticipation of an emergency situation. Ms. Eing reported that there is information on the City's website regarding how to put together an emergency kit and information on preparedness. Harbor Resources Supervisor Shannon Levin indicated that the information will be attached to the minutes. With no objection, the Commission concurred to receive and file the report. 2. Harbor Patrol Update Lieutenant Mike Jansen, Harbormaster, will update the Commission on the Harbor Patrol's operations. Recommendation: 1) Receive and file. Lieutenant Mike Jansen, Harbormaster, provided a PowerPoint presentation addressing background and resources of the Harbor Patrol Division, staffing, training, public safety, public safety support, specialty teams, Emergency Operations Center, Harbor Reserve Unit, Explorers, public service and education, crossing training with SWAT and the Coast Guard, jurisdiction, multi - jurisdictional emergencies, Unified Command partners, enforcement, rescues, underwater search and recovery team, firefighting, towing, tools, rules of engagement, use of force, tactics and platform. Commissioner Stapleton commended Lieutenant Jansen regarding the Harbor Patrol's work in relation to the Christmas Boat Parade. He commented on the issue of derelict vessels and asked if that is a continuing issue. Lieutenant Jansen asked Deputy Sean Scoles to address the matter. Deputy Scoles addressed vessel ownership, responsibility and abandoned vessels. Commissioner Blank asked regarding the Harbor Patrol's biggest frustration and Lieutenant Jansen stated he cannot think of any at this time. Commissioner West commented on issues with anchorage and Lieutenant Jansen stated there are no major issues that have been reported to him. Commissioner West commented on noise issues related to charter boats and Lieutenant Jansen reported that if complaints are received, the matter is addressed promptly. Commissioner West commented on a long- distance tsunami threat and asked what the Harbor Patrol's response would entail. Lieutenant Jansen reported that depending on the amount of time to prepare, the Harbor Patrol would activate to bring in more personnel and be out on the water with loud speakers to advise those in the anchorage as well as assisting the community. Commissioner Girling inquired regarding a "safe" height of a tsunami at which boaters would be advised to go out to sea. Lieutenant Jansen reported it would depend on the amount of time available. Discussion followed regarding the number of sea lions in the Harbor at any point in time and it was noted that the number fluctuates. Chair McIntosh noted that sea lions can be heard from half -a -mile away. Discussion followed regarding human and drug trafficking and it was noted that resources and detection have improved. As resources and detection have improved on land, violators are moving on water. Vice Chair Avery commented on Code Enforcement relative to speeding, life jackets, multiple berthing, stacking vessels and noise and wondered whether the City code applies to the Harbor as well. Lieutenant Jansen stated that Deputies are familiar with the codes and usually let users enjoy the Harbor unless there is a flagrant violation and /or a complaint is received. Discussion followed regarding possible ways of measuring noise and establishing an appropriate level. Lieutenant Jansen stated it is usually a judgment call and is related to the time of day and the amount of ambient noise. Vice Chair Avery commented on the noise emanating from charter boats, especially during the summer months and stated there should be a high expectation for them keeping the noise at an acceptable level. He added that residents should not have to bear the noise. He noted that there should be a way to put more weight on Code Enforcement without impeding people's ability to enjoy the Harbor. Lieutenant Jansen stated that if there is a particularly problematic vessel, they would report it to Harbor Resources Manager Chris Miller. Vice Chair Avery stated that the captain should be ultimately responsible for his vessel and the noise it emits. He added there needs to be something done to manage the issue. Lieutenant Jansen indicated he will discuss the matter with his staff in order to generate possible solutions. Commission Blank suggested calling attention to the Harbor Guide. Chair McIntosh opened public comments. Jim Mosher commented positively on the presentation and clarified that "PFD" is a personal floatation device. It was noted that the term is general and that a life jacket is very specific. There are many forms of a personal flotation device and a life jacket is among them. Len Bose inquired regarding the definition of a derelict boat. He commented on public docks, related time limits, Code Enforcement and permits to tie up to dinghy docks for those who live aboard their vessels. Chair McIntosh closed public comments. With no objection, the Commission concurred to receive and file the report. 3. Harbor Commission 2013 -14 Goals and Objectives — Mid -Year Review The Harbor Commission will provide a mid -year review of the Commission's 2013 -14 Goals and Objectives. Recommendation: 1) Receive and file. Commissioner West introduced the item noting this is a review of the Commission's progress towards meeting the objectives that were presented mid - October. He suggested reviewing the matter again in sixty (60) days. In regards to efforts that are underway to achieve the interagency approval of the Newport Shallow Water Eelgrass Mitigation Plan and the Regional General Permit (RGP 54), he reported that Harbor Resources Manager Chris Miller is making good progress and that the City is about to file the formal application for the RGP after considerable negotiations with the Army Corps of Engineers and the various involved agencies. He added that the Eelgrass Mitigation Plan is related, but separate and noted that the interagency process is moving along well. Commissioner Girling reported on Lower Castaways noting that the Subcommittee will meet at the end of February or early March. He reported there are a lot of moving parts and that information is being gathered to develop good renderings. He reported that at the November meeting, the landscape architect presented preliminary drawings and listed staff and commissions involved. Additionally, he reported that the Department of Fish and Game as well as the Coastal Commission will weigh heavily on this project since the property is a Marine Protected Area. Regarding Harbor speed limits, Commissioner Blank reported there is a meeting scheduled for Tuesday, January 14, 2014, with Harbor Resources to discuss moving forward with the application to the newly- configured Department of Boating and Waterways Division within the California Parks Department. Regarding Bulkhead and Pierhead lines, Commissioner Rhyne reported that the Subcommittee met in December and the plan is to have another public outreach meeting and return to the Commission with a report in March. Commissioner Girling reported that the Commission and Harbor Resources have improved its public outreach efforts. He reported that it will continue to be developed and that it is an on -going process. Brief discussion followed regarding Commissioner Blank's presentation at a recent yachtsman luncheon at the Newport Harbor Yacht Club. Commissioner Blank reported the next steps in relation to coordinating with Newport Beach and Company and looked forward to reporting something in March. Commissioner Blank commented on public piers noting that the Subcommittee's recommendations were presented to the Tidelands Management Committee in December and were well- received. They will be presented to Council at a study session in February. Chair McIntosh commended Commissioner Blank for his presentation to the Tidelands Management Committee. Vice Chair Avery addressed public anchorage alternatives noting that the first step is to get a sense of who to talk to at the Coast Guard and meet with them to determine the viability of a plan. He hoped to have additional information by March and proceed with additional community outreach. Commissioner West addressed the matter of the Harbor Guide noting that it was last updated in 2012. He reported that the next update will be relatively modest and won't require too many changes. He reported reviewing the existing guide and making suggested changes which he will need to review with his fellow Subcommittee members. There will be more to report on the matter in March. Chair McIntosh opened public comments. Len Bose commented on derelict boats and the VTIP program. Harbor Resource Manager Miller reported that the issue is in the forefront and that staff will be acting on it in coordination with the Harbor Patrol. Chair McIntosh closed public comments. With no objection, the Commission concurred to receive and file the report 7) SUBCOMMITTEE REPORTS Commissioner Blank commented positively on his recent experience at the yachtsman luncheon in terms of public outreach. He stated that attendees expressed interest in having him report on certain issues back to the Harbor Commission. Related to the RGP and Eelgrass plans, they felt that it is worthy to publicize the process, arrangements for individuals and the overall benefits. He also noted that in reference to the speed limit exemption, questions arose regarding sanctioned events. He reported that there was great discussion regarding the relationship with Newport Beach and Company and there was concern expressed over the appropriateness and authenticity of a Newport Beach and Company advertisement currently running. Regarding potential anchorage alternatives, comments were made regarding Marina Park and transient slips. Commissioner Blank commented on his experience at the Tidelands Management Committee noting that the Subcommittee's recommendations were presented and were well- received. Other items worthy of attention from the Tidelands Management Committee include focus on derelict boats and a suggestion that they be treated like other property nuisances with opportunities for remedies and if needed, penalties. No specific direction was provided to the Harbor Commission. It was also suggested that in the next publication of the Harbor Guide, designations be made to public piers that do not allow fishing. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Council Member Gardner reported that on January 25, 2014, Council will hold a goal- setting meeting where she will be bringing up Lower Castaways. She encouraged Members of the Commission to submit items of interest/priority for Council to address. Additionally, she suggested announcing information regarding the Harbor Commission and /or Speak Up Newport at those respective meetings to allow people the opportunity to attend either or both meetings. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATEDISSUES Harbor Resources Manager Miller highlighted the RGP process noting that it is a challenging process and that sediment testing has been completed. The City will be filing applications with the goal of April, 2014. He presented an update on the Eelgrass plan and public piers. He listed small improvements to be made in public piers with Capital Improvements funds. Regarding Marina Park, he reported there will be a ground- breaking ceremony on February 11, 2014, at 4:00 PM. He reported that efforts are being made to assist with the dingy rack and stated that the program needs to be vetted by the City Attorney's office. He commented on access for mooring permittees and noted the intent to administer a fair and equitable program and establish a fee. Mr. Miller reported on a boat auction in December and reported that City made just under $2,200 and commented on efforts to get rid of derelict boats in the Harbor. Regarding the Tidelands Management Committee, he commented on a planning document that addresses the City's local coastal program and how it deals with sea -level rise and the steps being taken by the community. He stated that City Attorney's office is formulating a response and offered to provide copies to the Commission for comments. He added that Harbor Resources Supervisor Shannon Levin gave a presentation on derelict vessels and is working with Harbor Patrol to reformulate an action plan. Discussion followed regarding sources of funding for Marina Park and funding programs to help with derelict vessels. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Jim Mosher reported that Speak Up Newport ran into the Harbor Commission's start time. 11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) Commissioner Stapleton reported on the 105th Chamber of Commerce Christmas Boat Parade. 12) DATE AND TIME FOR NEXT MEETING: February 12,20146:30 PM 13) ADJOURNMENT There being no further business to come before the 8:12 PM. PP ro ved Commission, the meeting was adjourned at