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HomeMy WebLinkAbout14-03-12 Approved March Minutes NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES City Council Chambers Wednesday, March 12, 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—Joe Stapleton 4) PUBLIC COMMENTS Chair McIntosh invited those interested in addressing the Commission to do so at this time. Dan Runner reported that it is almost impossible to keep sea lions off moorings with docks in the lower part of the Harbor. Jim Mosher thanked Commissioner Blank for taking him on a private tour of the Harbor. He commented on the importance of rules and regulations being carefully reviewed and understood before they are enacted such as the Harbor Code. He referenced the transfer of commercial docks when the related upland property changes hands and noted that rules were changed without review by the Harbor Commission. He reported that the matter led to a lawsuit, and he read the judge's comments into the record adding that there was no clarity and certainty in the new language. Billy Whitford, Director of the Newport Aquatic Center, addressed a fundraising campaign and invited the Commission to visit the facility. There being no others wishing to address the Commission, Chair McIntosh closed public comments. 5) APPROVAL OF MINUTES —January 8, 2014 Minutes Chair McIntosh noted that written corrections to the minutes were received from Mr. Jim Mosher and that they have been incorporated. Motion: Commissioner West made a motion to approve the minutes of the Harbor Commission of the January 8, 2014, Regular Meeting, as amended. Commissioner Rhyne seconded the motion, which carried with 7 ayes and 0 noes . Approved. 6) CURRENT BUSINESS Chair McIntosh noted that Item No. 2 would be heard prior to Item No. 1. 1. Lower Castaways Park—A Conceptual Review The Harbor Commission subcommittee will review the current status of the Lower Castaways Park, and will receive feedback from the Commission and the public. Recommendation: 1) The Harbor Commission subcommittee will receive feedback from the Commission and the public on the Lower Castaways Park. The aforementioned item was heard after Item No. 2 on the agenda. Commissioner Girling provided a PowerPoint presentation addressing goals and objectives, background, vicinity map, historical photos, surrounding uses, existing on-site uses, land use regulations, General Plan designation, Coastal Land Use Plan, deed restrictions and covenants, zoning, CEQA considerations, access considerations, easements, Marine Protected Area, Anchor QEA Report from 8/12/13, timeline, ideas from previous study sessions, preliminary plan, preliminary renderings, challenges and next steps. Discussion followed regarding the collaborative effort and feedback received from residents, encouraging hand launches only, maintaining existing trees, scale of the proposed grand staircase, proposed dual use of stairs (one side for access and the other for exercise) and involving the biking community. Commissioner Girling noted a meeting of the Department of Fish and Wildlife (DFW) on April 16, 2014, in Ventura and offered to go to present the project. He asked for help with information regarding whether anyone in the City has the name of a contact with DFW in order to facilitate the meeting. He added that DFW may make exceptions since the project is recreation and conservation-oriented. Council Member Gardner suggested contacting Garry Brown. Commissioner Blank commented positively on the presentation and referenced a deed restriction regarding review by The Irvine Company. He asked regarding the appropriate time to present the concept to The Irvine Company. It was noted that presenting to The Irvine Company at this time may be premature but that once direction is received from City Council, it would be a good time to start involving them in the process. Commissioner West commented on Marine Protected Areas (MPA)and referenced a conversation with Garry Brown who made a suggestion that there might be an opportunity of having the State exclude the area from the MPA since the original inclusion of the MPA had nothing to do with habitat but rather the need to draw a line to define the MPA for the Upper Bay. Discussion followed regarding the lack of a process to have the MPA excluded but if members of the Commission can appear before DFW and state their case, they may be sympathetic and allow an exception in this regard. Chair McIntosh opened public comments. Garry Brown, Orange County Coastkeeper, reported that the original boundary was arbitrarily set. He added that since the process is new, there may be some necessary push back for people requesting changes. He stated that more groundwork must be done, not only with Commission but also with stakeholders. Although it may take some time, he noted that it is do-able. Jim Mosher opined it would be helpful, before presenting to The Irvine Company, to determine how much power they have over the project. He noted that this is a historic area and commented on the importance of 2 preserving the coast and felt that the grand staircase does not fit in well with the natural park concept. In addition, he commented on the amount of palm trees adding that they are not part of a natural setting. Shanda Lear, Lear Electric Boats, suggested that the property would be an ideal place for a large structure with perhaps, a restaurant and providing ample parking. It was noted that the size of building would be limited because of current land-use restrictions. The proposed parking will not be free, so that it will include a revenue component. Most of the input received indicated a preference for a park rather than a revenue- producing facility. Mark Sites, marine contractor, commented positively on the proposed project but reported that marine commercial designations are being slowly eliminated. He expressed concerns that there will be no place for contractors to access the water. Commissioner Girling noted that this will be a multi-phased project and that there is flexibility built in to build something in the future to provide access to the water to contractors. Chair McIntosh closed the public hearing. 2. Water Taxi and Multiple Vessel Mooring System Per the City Council's direction at the February 25, 2014 meeting, the Harbor Commission will form two Ad-Hoc Committees to evaluate: (1)A pilot program for a water taxi service in Newport Harbor; and (2)A pilot program for a Multiple Vessel Mooring System ("MUMS")for the double point mooring fields. Recommendation: 1) Form an Ad-Hoc Committee to evaluate a pilot program for a possible green, electric water taxi service within the harbor, and then have the full Harbor Commission review and make a recommendation to the Council on the merits for implementation of such a service; and 2) Form an Ad-Hoc Committee to evaluate a pilot MVMS including water and power, and then have the full Harbor Commission review and make a recommendation to the Council on the merits for implementation of such a mooring system. Chair McIntosh acknowledged the attendance of Mayor Rush Hill and deferred to him for comments on the aforementioned item. Mayor Hill reported having the support of Council to send this matter to the Harbor Commission to evaluate. He noted that the matters have been evaluated and attempted in the past, without success, but that he believes now is the time to re-evaluate and implement a program with the marketing help of Newport Beach and Company, with the future addition of public piers and the possibility of an increased number of floating docks. Additionally, he reported contacting Uber(alternative taxi-like service)which has indicated interest in serving the Newport Beach community. Mayor Hill suggested the possibility of a pilot program, small in scale, to determine the feasibility of same in Newport Beach. He referenced a program in Dana Point that was tested and found that it was very successful. Hill asked that the Commission evaluate the matter and return to Council with recommendations. Chair McIntosh opened public comments. Jim Mahoney reported that his business will provide on-call service but noted there is a cost and that he has to charge at least$25. He stated that a water taxi cannot be run without a subsidy and commented on Coast Guard requirements. He offered to help the Harbor Commission as he is experienced in providing such services. Mr. Mahoney responded to questions from the Commission regarding the number of vessels he has, and average response times to calls for service. 3 Dan Runner commented on a previous operation of water taxis around the harbor, the Around-the-Island Ferry, and commented positively on it but noted the high costs of operation. He listed regulatory requirements and stated this is a venture that would have to be subsidized by the City as it would not pay for itself. Shanda Lear, Lear Electric Boats, commented on the importance of"thinking outside the box"to bring revenue into the City and allow visitors to enjoy it. She reported that electric boats bring a sense of peace, and mitigate stress, and suggested that providing an electric water taxi service could be sold as therapy, would be viable and add to the prestige of the area. Paul Gerst commented positively on the proposed water taxi service and improving moorings but noted the importance of having good design criteria. Hank Wiessner, Fun Zone Boat Company, commented on the feasibility of a water taxi service and the possibility of unfair competition, and stated that he would like to be involved. He asked regarding the possibility of being part of the Ad Hoc Committee, but Chair McIntosh reported that the Ad Hoc Committee is made up of three(3) Harbor Commissioners. Chandler Bell, Hornblower Cruises and Events, reported that Hornblower operates water taxis in Marina del Rey and that they serve approximately 45,000 in three months out of the year. He spoke in support of such a service in Newport Beach and offered to provide information and help the Commission using his expertise. In response to questions from the Commission, he added that the service is subsidized by the County of Los Angeles and that they charge$1.00 per person. Chuck South commented on his experience with water taxis and stated that the venture broke even when it changed from a water taxi to a water bus. He spoke in support of the proposed project but listed challenges including the size of Newport Harbor, operating costs and increased travel times. Mr. South offered to help the Commission with any information it may need. Bill Moses, Newport Mooring Association (NMA), expressed concerns with off-shore mooring marinas and the scale of the proposed concept. He added that the NMA would be interested in working with the Commission and the Ad Hoc Committee to study the matter. Additionally, he expressed concerns with rates, inviting unwanted sea life (birds and sea lions)and addressed moorings as a way of affordable boat storage, increased costs passed along to mooring holders, impacts to eelgrass and natural resources of the bay, visual impacts, pump outs and dinghy storage. Chair McIntosh closed public comments. Chair McIntosh stated the need for two (2)Ad Hoc Committees and requested volunteers. In response to Commissioner West's inquiry, Mayor Hill stated he would like to see a work plan within two (2) months including milestones that could be reached within a six (6)-to-eight (8) month period. He added that Public Hearings will need to be held to obtain input from the community and that the intent is not to create a large floating marina, but rather a different mooring system that has been used in different harbors. He commented on seeking opportunities in terms of available resources and financing and suggested involving Newport Beach and Company. Council Member Gardner clarified that the intent is not to change everything. Commissioner Stapleton commented on the technology involved in water taxis noting that he is very familiar with them and offered to serve on the Water Tax Ad Hoc Committee. He addressed Uber technology and suggested that a phone app showing the location of water taxis may be useful. Commissioner West volunteered to serve on the Water Taxi Ad Hoc Committee. 4 Commissioner Girling offered to serve on the Water Taxi Ad Hoc Committee and addressed inefficiencies and the possibility of implementing something similar to the FedEx model, having a certain number of hubs within the Harbor to increase efficiency as well as considering a water bus and the element of seasonality. Vice Chair Avery and Commissioner Rhyne offered to serve on the Mooring Ad Hoc Committee. Chair McIntosh stated he would serve on the Mooring Ad Hoc Committee. Commissioner Blank noted he cannot serve on the mooring committee, as he is a permit holder. Motion: Chair McIntosh made a motion to assign Commissioners Stapleton, West and Girling to the Water Taxi Ad Hoc Committee and Commissioner Rhyne, Vice Chair Avery and Chair McIntosh to the Mooring Ad Hoc Committee. The motion, carried with 7 ayes and 0 noes . Approved. Item No. 1 was heard at this juncture. 3. Derelict Vessel Update Staff will present an update on derelicts in Newport Harbor. Recommendation: 1) Receive and file. Harbor Resources Supervisor Shannon Levin provided a PowerPoint presentation addressing background, definition of derelict, abandoned and impounded vessels, owners taking responsibility, processes, destroying vessels, current efforts, offshore efforts, relevant issues and solutions, recouping costs and alternatives. It was noted that boats cannot be placed on the beach when there is an on-shore mooring. Discussion followed regarding taking or inheriting moorings, transient vessels, decreasing number of boats with no market value, improvements observed after rules were changed, the Vessel Turn-In Program and the possibility of asking Council to allocate funding. Commissioner West expressed concerns with the City taking on the responsibility of the boat owner. He added that it is the boat owner's responsibility to maintain the vessel and found it hard to understand why the City should help them get rid of their personal property. Deputy Scoles reported that, in certain cases, the alternative would be worse where derelict vessels could become a public health hazard, attraction for sea lions and other sea life and a nuisance. Commissioner West commented on a program addressed by a resident, Mr. Duffield, where at-risk boats were identified and there is an intervention at an earlier stage. He suggested the possibility of implementing such a program in the City. Vice Chair Avery commented that the City should be able to revoke their mooring. Harbor Resources Manager Chris Miller thanked Ms. Levin and Deputy Scoles for their efforts in the matter. 7) SUBCOMMITTEE REPORTS Vice Chair Avery reported attending a meeting with Mr. Miller and Ms. Levin in Long Beach with the Coast Guard to discuss the possibility of having an anchorage in the North Lido turning basin and commented positively on the meeting and noted that it is likely that there is nothing that would preclude the City from adding the anchorage. Mr. Miller reported following up with them and that they are open to the idea of the City going forward, as the Subcommittee wishes. 5 Commissioner West commented on the Regional General Permit(RGP) and the Newport Specific Eelgrass Plan noting that there has been an effort to ensure an extension of the existing RGP so there will be no gap, should the new RGP be delayed in its implementation. He reported that all agencies involved, except for the Coastal Commission, have approved the plan. Council Member Gardner suggested the possibility of a public member providing comments to the Coastal Commission regarding the matter. Mr. Miller reported that the Coastal Commission Manager's report addressed extending the current RGP for another year and a-half. 8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES Council Member Gardner noted that the Harbor Commission has a full menu for this year. She recommended putting an Ad Hoc Committee together, next year, to decide what businesses or needs are required in Newport Harbor. 9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED ISSUES Harbor Resources Manager Miller reported there are three (3)vacancies this coming year, for the Harbor Commission adding that Commissioner Rhyne will be termed out and Commissioner's West and McIntosh will be up for renewal. He urged those interested to apply noting that applications will available through the City Clerk's office in April or May. Additionally, he urged Commissioners to submit their Statements of Economic Interest which are due April 1, 2014. Mr. Miller reported on efforts in reducing the proliferation of sea lions. He announced that a dinghy rack program will be implemented soon and that a report will be presented to City Council within the next few weeks asking them to approve a proposed fee structure. Additionally, Mr. Miller reported that the Marina Park project has begun and presented a brief status update. He presented a sample of a newly-refurbished finial and reported that he is in the process of putting together an RFP for refinishing the City's existing finials. Mr. Miller announced an upcoming meeting of the Tidelands Management Committee on March 19, 2014, at 4:00 PM in the Community Room. He added that items for discussion will include Lower Castaways, the sea wall, derelict vessels and an update on the tidal barrier. Lastly, he addressed the copper TMDL issue and provided a brief update. 10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH COUNCIL LIAISON OR HARBOR RESOURCES MANAGER Jim Mosher suggested changing the Commission start time to five (5)to ten (10) minutes later in order to coordinate the meeting with that of Speak Up Newport. He commented on dinghy racks and felt that the matter should have been presented to the Harbor Commission for an in-depth discussion and recommendations before presenting the matter to Council. He addressed extension of the current RGP by the Coastal Commissionand mention of dock realignments noting that the provision is not being continued. Mr. Miller reported that it was discontinued several years ago. 11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner West requested a brief status report on the Commission's progress versus objectives at the next Harbor Commission meeting. Mr. Miller reported that the Building Official will provide a report on Balboa Island base flood elevation and how it relates to buildings/residences on Balboa Island at the next Harbor Commission meeting. It was noted that today is Commissioner Stapleton's 30th birthday. 6 12) DATE AND TIME FOR NEXT MEETING: April 9, 2014, 6:30 PM 13) ADJOURNMENT There being no further business to come before the Harbor Commission, the meeting was adjourned at 8:57 PM. The next meeting of the Harbor Commission will be held on April 9, 2014, at 6:30 PM. 7